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SPECIAL  LAWS 


OF   THE 


TENTH  LEGISLATURE, 


OF    THE 


STATE  OF  TEXAS. 


PUBLISHED  BY  AUTHORITY. 


HOUSTON: 

PRINTMD  AT  THE  OFFICK  OF  TUB  GALVESTON  NEWS. 
IH64. 


liL 


SPECIAL    LAWS 


CHAPTER  I. 

.4.V  ACT  to  qutliorize  the  holding  of  hA   Election  fur  Re;  in  Dallas 

county,  to  fill  the  vacancy  created  by  the  action  of  the  Tenth  Legislature  declaring 

the  s-eat  of  11.  J.  Moftal  vacant. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stale  of  Jexas,  That  the 
Governor  be  and  he  is  hereby  authorized  to  issue  a  writ  of  election  to  fill  the 
vacancy  aforesaid,  and  that  the  Chief  Justice  of  Pallas  county  be  required  to 
order  said  election,  in  five  days  after  the  usual  notice  in  such  cases,  and  the 
returns  thereof  be  made  within  three  days  after  the  day  of  election,  and  the 
certificate  of  election  be  issued  forthwith  to  the  successful  party. 

Sec.  2.  Be  it  further  enacted,  That  tbi«  act  take  effect  from  and  after  its 
passage. 

Approved  November  20th,  184 

CHAPTER  II. 

AX  ACT  for  the  r§lief  of  A.  J.  Yaughan,  of  Lamai%  count  u. 

Section  1.  Be  it  enacted  by  the  Legislative  of  the  State  of  Ttxai,  That  the 
Comptroller  of  the  State  of  Texas  be  authorized  and  required  to  issue  duplicate 
warrants  to  A.  J.  Vaughan,  of  Lamar  county,  in  lieu  of  the  following  original 
warrants  :  No.  1195,  for  $139  25,  issued  to  J.  W.  Hicks  ;  No.  1196,  for  $101  22. 
issued  to  W.  S.  Kennedy,  attorney  for  C.  C.  Miller  ;  No.  1G39,  for  $85  34,  issued 
to  J.  Jemison  ;  Trovid'd.  the  suid  A.  J.  Vaughan  shall  first  file  with  the  Comp- 
troller his  affidavit,  stating  that  the  original  warrants  are  lost,  and  that  they 
were  his  property  at  the  time  ;  and, /urMer  provided,  that  he  shall  file  a  bond, 
with  good  and  sufficient  securities  in  double  the  amount,  payable  to  the  State 
of  Texas,  and  approved  by  the  Chief  Justice  of  the  county  that  he  resides  in, 
that  the  original  warrants  shall  not  become  a  charge  upon  the  ?tate  of  Texa=. 

Sep.  2.    That  this  act  take  effect  from  its  pas? rf£ 
ved  November  27tli, 

-L\  di&Mfofy  of  minot'ity. 

iron  1;    J  ,  T&cas,  ThatC. 

M.  Quarles,  a  minor,  resident  of  the  county  of  Anderson.  State  of  Texas,  be  and 
■1  of  the  disability  of  minority,  and  declared  of  full  and 
1  are  lor  all  pu  managing  and  controling  hir  own  propcily,  and 

,ect  to  all  the  legal  liabilities  appertaining  to  the  same. 

,, 


CHAPTER  IV. 

AN  ACT  for  the  relief  of  Robert  Price. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Commissioner  of  the  General  Land  Office  is  hereby  authorized  to  issue  to  Robert 
Price  a  patent  for  three  hundred  and  twenty  acres  of  land,  upon  the  head-right 
of  A.  J.  Viser,  of  Lamar  county,  upon  the  same  terms  that  a  patent  could  issue 
for  land  outside  of  the  Memphis,  El  Passo  and  Pacific  Railroad  reserve ;  and 
that  this  act  be  in  force  from  and  after  its  passage. 

Approved  December  2d,  18C3. 

CHAPTER   V. 

AN  ACT  for  the  relief  of  Henry  K.  Harrison 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  Henry 
K.  Harrison,  a  minor  in  the  service  of  his  country,  be  and  he  is  hereby  author- 
ized and  empowered  to  dispose  of  his  estate,  both  real,  personal  and  mixed,  by 
last  will  and  testament ;  which  said  will  shall  be  as  effectual  as  if  he  were  of  age. 

Approved  December  4th,  1863. 

CHAPTER   VI. 

AN.  ACT  to  incorporate  the  Sulphur  Fork  Iron  Company. 

Section  1.  Be  it  enacted  by  the  Legislature  of  (lie  State  of  Texas,  That  J.  C. 
Moore,  A.  H.  Chappell,  G.  H.  Kelly,  R.  H.  H.  Moores,  David  Moores,  J.  M.  Ball, 
Lewis  Moody,  and  Warren  Hooks,  citizens  of  the  State  of  Texas,  their  associates 
and  successors,  be  and  are  hereby  created  a  body  corporate  and  politic,  under 
the  name  and  style  of  "  The  Sulphur  Fork  Iron  Company,''  with  capacity  to  own 
property,  real  and  personal,  in  sucb  quantities  as  may  be  necessary  for  the 
legitimate  objects  of  this  corporation,  make  contracts,  have  succession  and  a 
common  seal,  to  make  by-laws  for  its  government,  and  in  their  corporate  name 
to  sue  and  be  sued,  to  grant  and  receive,  and  generally  to  do  and  perform  such 
things  and  acts  as  may  be  necessary  and  proper  for,  or  incident  to,  the  fulfill- 
ment of  their  objects,  or  maintenance  of  their  rights  under  this  act,  not  incon- 
sistent with  the  Constitution  of  the  State. 

Sec.  2.  That  said  company  is  hereby  created  with  the  right  to  erect,  own, 
maintain,  and  operate,  a  manufactory  of  iron  and  steel  of  every  description 
whatever,  and  all  other  articles  of  which  iron  and  steel  may  form  a  part,  at  such 
place,  or  places,  as  said  company  may  select,  within  the  county  of  Davis. 

Sec.  3.  The  capital  stock  of  said  company  shall  be  divided  into  shares  of 
one  thousand  dollars  each,  and  the  holders  of  said  shares  shall  constitute  said 
company,  and  said  capital  stock  shall  not  exceed  eight  hundred  thousand  dollars 

Sec.  4.  The  corporators,  mentioned  in  section  first  of  this  act,  shall,  witbii 
ninety  days  from  its  passage,  cause  an  election  to  be  held  for  a  board  of  direc- 
tors, of  not  less  than  three  nor  more  than  seven  in  number,  who  shall  be  elected 
by  the  stockholders  at  such  time  and  place  a1*  may  be  appointed,  and  annually 
thereafter :  Provided,  That  in  case  of  failure  to  elect,  at  the  stated  time,  the 
board  of  directors  incumbent  shall  continue  in  office  until  there  be  an  election  ; 
the  time  for  which  shall  be  fixed  by  said  board,  whereof  notice  shall  be  given 
as  required  by  law  governing  other  corporations.  The  corporators  under  this 
act  Bhall  be  considered  a  board  of  directors,  until  the  first  election  of  directors 
has  taken  place. 

Skc.  6.  No  person  shall  be  eligible  as  a  director,  unless  he  is  the  owner  of 
at  least  two  shares  of  stock  of  the  c<niip?ny.  The  said  board  shall  elect  a  presi- 
dent from  their  number,  fill  vacancies  uDtil  the  next  succeeding  stockholders' 
meeting,  and  appoint  such  officers  as  tl.ey  mav  deem  necessary,  and  require 


security  for  the  faithful  performance  of  their  respective  duties ;  also,  they  shall 
have  power  to  prescribe  the  time  and  place  for  the  payment  of  instalments  or 
assessment  on  stock,  declare  the  forfeiture  of  stock  for  non-payment,  and  to  do. 
or  cause  to  be  done,  all  other  acts  and  things  which  they  may  deem  necessary 
and  proper  in  conducting  the  business  of  Raid  company.  A  majority  of  the 
board  of  directors  shall  constitute  a  quorum  for  the  transaction  of  business.,  but 
in  no  case  shall  a  director  vote  by  proxy. 

Sec.  6.  This  act  shall  be  in  force  and  tike  effect  ffom  and  after  its  passage, 
and  continue  in  force  for  the  term  ot  twenty  \ears. 

Approved  December  4th,  Ii;(i3. 

CHAPTER    VII. 

AN  ACT  defining  tlie  duties  of  the  Agent  fur  t/te  Alabama,   Cos- 
hatta  and  Museoga  tribes  of  Indians. 

Section  1.  Be  it  enacted  by  the  legislature  of  the  State  of  Texas,  That  the 
agent  appointed  for  the  Alabama.  Coshatta  and  Murcoga  Indians,  or  that  may 
be  hereafter  appointed  for  said  Indians,  shall  make  a  quarterly  return  to  the 
Governor  of  this  State  ot  the  condition  of  his  agency  and  the  situation  of  said 
Indians,  and  what  he  has  furnished  them  ;  on  the  failure  of  said  agent  to  make 
his  return  as  required  by  this  act,  within  sixty  days  from  the  end  of  each  quar- 
ter, he  shall  be  removed  from  his  office  as  such  agent. 

Sec.  2.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  4th,  1868. 

CHAPTER  VIII. 

AJf  ACT  to  establish  and  define  the  boundaries  of  the  Counties  of 
Live  Oak  and  McMuIlen,  and  to  repeal  certain  Avis  therein  named. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
boundaries  of  the  county  of  McMuIlen  shall  be  and  the  same  are  hereby  de- 
clared to  be  as  follows,  to  wit :  Beginning  at  the  south-east  corner  of  Frio 
county  ;  thence  run  due  south  forty-two  miles  ;  thence  due  east  twenty-eight 
miles ;  thence  north  forty-two  miles  ;  thence  west  twenty-eight  miles  to  the 
beginning ;  and  all  the  territory  comprised  within  said  boundaries  shall  be  and 
constitute  the  county  of  McMuIlen. 

Sec.  2.  That  the  boundaries  of  Live  Oak  county  shall  be  and  the  same  are 
hereby  declared  to  be  as  follows,  to  wit :  Beginning  at  the  west  corner  of  San 
Patricio  county,  on  the  Nueces  river ;  thence  running  east  to,  and  northward 
with,  the  boundaries  of  San  Patricio  and  Bee  counties,  to  the  north-west  corner 
of  a  Burvey  for  B.  I.  Ijams  ;  thence  north,  forty  degrees  west,  with  the  county  of 
Karnes,  to  the  line  of  Atta3C0sa  county;  thence  with  the  lines  of  Attascosa.  McMuI- 
len, Duval,  and  Nueces  counties,  to  the  place  of  beginning;  and  all  the  territory 
comprised  within  laid  boundaries  shall  be  and  constitute  the  county  of  Live  Oak. 
EC,  3.  That  "An  Act  t'>  define  the  boundaries  of  Live  Oak  county,"  ap- 
proved January  3d,  1862,  and  "  An  Act  t*  define  the  boundaries  and  provide 
for  the  organization  of  McMuIlen  county,"  approved  January  3d,  1862,  be  and 
the  6ame  are  hereby  repeal  d. 

1.    That  this  act  take  effect  and  be  in  f  jrce  from  and  after  its  passage. 

Approved  December  4th.  I 

(HATTER   IX. 
AN  ACT  to  l  ■  nes  of  Jfarri- 

■"■'      1/;, 

TION  1.     /  i  ..-.>,<   •  .  ,        That  the 


6 

county  line  between  the  counties  of  Harrison  and  Marion  shall  be  as  follows: 
Commencing  at  a  point  in  the  centre,  or  channel,  of  Big  Cypress  Bayou,  oppo- 
site the  north-east  corner  of  Upshur  county  ;  then  down  said  Cypress  Bayou 
to  a  point  opposite  the  north-east  corner  of  a  survey  for  2214  acres,  made  by 
virtue  of  the  head-right  of  Alexander  Johnsou  ;  thence  south-east  to  the  centre 
of  Little  Cypress  Bayou  ;  thence  down  said  stream  to  its  junction  witli  Ferrey 
Lake  and  Caddo  Lake,  to  the  south-east  corner  of  Marion  county  ;  which  said 
line  shall  hereafter  be  known  and  recognized  as  the  boundary  line  between 
said  counties. 

Sec.  2.  That  the  Surveyor  of  Upshur  county  be  and  he  is  hereby  appointed 
a  Commissioner  to  run  said  line,  who  shall  proceed,  within  sixty  days,  to  run 
said  line,  and  report  the  same  to  the  Chief  Justice  of  each  of  the  counties  ;  and 
that  the  county  of  Marion  shall  pay  all  charges  incurred  in  running  said  line  ; 
and  that  this  net  be  in  force  from  its  passage. 

Approved  December  8th,  1863. 

CHAPTER   X. 

AN  ACT  for  the  relief  of  Capt.  Joseph  M.  Bound's  company,  of 
Colonel  William  C.  Young's  regiment  of  State  troops. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  when- 
ever the  Lieutenant-Colonel,  or  Major,  of  Colonel  William  C.  Young's  regiment 
of  State  troops,  called  out  in  the  year  1SG1,  shall  approve  the  muster  roll  of 
Captain  J.  M.  Bound's  company  ot  said  regiment,  ami  certify  thereon  the  length 
of  time  said  company  were  in  the  State  service,  the  Comptroller  shall  audit  the 
claims  of  said  company,  in  the  same  manner  and  at  the  same  rates  of  pay  allowed 
the  other  companies  of  said  regiment. 

Sec.  2.  That  the  sum  of  fifteen  thousand  dollars,  or  so  much  thereof  as  may 
be  necessary,  out  of  the  appropriation  heretofore  made  by  an  act  of  the  Legis- 
lature, approved  March  (itb,  1863,  be  and  the  same  is  hereby  re-appropriated  to 
pay  said  company,  and  to  pay  the  claims  against  the  State  for  h  asportation 
and  supplies  furnished  the  same. 

Sec.  3.     This  act  take  effect  from  its  passage. 

Approved  December  8th,  1863, 

CHAPTER  XI. 

AN  ACT  to  incorporate  the  Waco  Manufacturing  Company. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  George 
E.  Burney,  H.  M.  Hood,  J.  Thomason  and  J.  B.  Earl  and  their  associates  and 
successors,  are  hereby  created  a  body  politic  and  corporate,  under  the  name 
and  style  of  "  The  Waco  Manufacturing  Company,''"  and  by  that  name  may  sue 
and  be  sued,  plead  and  be  impleaded  in  any  of  the  courts  of  this  State.  They 
shall,  by  their  corporate  name,  be  capable  of  contracting  and  being  contracted 
with,  and  of  acquiring,  by  purchase,  donation  or  otherwise,  real  and  personal 
estste,  and  of  selling  and  conveying  the  same,  or  any  part  thereof,  as  the  said 
corporation  may  deem  fit,  pibiMm,  however,  the  said  corporation  shall  not 
acquire,  or  hold,  more  real  estate  than  is  necessary  for  the  purposes  of  said 
corporation  in  constructing  and  carrying  on  their  corporate  business.^ 

Sec.  2.  Said  company  may  manufacture  cotton  and  woolen  fabrics,  cotton 
yarns,  wool  rolls,  flour  and  corn  meal,  and  any  other  fabiics  that  maybe  useful 
to  the  country. 

Sec.  3.  The  capital  stock  shall  be  five  hundred  thousand  dollars,  to  be 
divided  into  shares  of  one  thousand  dollars  each. 

Sec.  4.  When  one  hundred  thousand  dollars  shall  be  subscribed,  the  stock- 
holders may  elect  four  direct";  11  boM  their  office  for  two  years,  said 


directors  may  proceed  to  elect  one  of  their  number  President,  who  shall  hold 
his  office  for  and  during  the  term  of  two  years. 

Sec.  5.  That  when  a  suit  shall  be  brought  against  the  company,  it  shall  be 
sufficient  to  execute  process,  on  the  President,  either  in  person  or  by  leaving  a 
copy  at  the  office  of  the  company,  with  some  white  person  attached  to  the  com- 
pany over  the  age  of  eighteeu  years. 

&sc.  C.  Be  it  further  enacted,  That  this  act  shall  continue  in  force  for  and 
during  the  term  of  twenty  years  from  its  passage. 

Approved  December  8th,  1863. 

CHAPTER  XII. 

AN  A<  'I  t<>  repeat  an  act  entitled  "An  Act  to  consolidate  in  one  act,  and  to 

ar.iend  th<>  several  Acts  Incorporating  the  City  of  Galveston,"  approved  August 

'21th  li?5G.  and  to  grant  a  new  Charier  of  Incorporation  to  said  City. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,'  That  all  the 
free  white  inhabitants  of  the  City  of  Galveston,  shall  continue  to  be  a  body 
poli:ic  and  corporate,  with  perpetual  succession,  by  the  name  and  style  of 
"  The  City  of  Galveston,''  and  as  such,  by  that  name,  shall  be  capable  of  con- 
tracting and  being  contracted  with,  suing  and  being  sued,  impleading,  and 
being  impleaded,  answering  and  being  answered  unto,  in  all  courts  and  places, 
and  in  all  matters  whatsoever  ;  may  purchase  and  hold  real,  personal  and  mixed 
property,  and  dispose  of  the  same  for  the  benefit  of  the  said  City ;  and  may 
have  and  use  a  corporate  seal,  and  change  and  renew  the  same  at  pleasure. 

Sec.  2.  That  the  limits  of  the  said  City  shall  eontinue  to  be  all  that  section 
of  territory  lying  between  Seventh  Street,  on  the  East,  and  Forty-first  Street  on 
the  West,  as  defined  on  a  certain  Chart,  or  Town  Tlat,  heretofore  laid  off  by  the 
Galveston  City  Company,  and  between  the  waters  of  the  Gulf  of  Mexico,  on  the 
South,  and  Galveston  Bay  on  the  North  ;  Provided,  nevertheless,  That  the  Muni- 
cipal Regulations  of  the  said  City  shall  extend  over  the  harbor  and  anchorage 
immediately  North  of  the  same  ;  and  provided  further,  That  the  said  limits  may 
be  hereafter  extended  by  adding  additional  territory  to  the  same,  whensoever 
the  majority  of  the  inhabitants  of  said  territory  shall  indicate  a  desire  to  be 
included  within  the  limits  of  said  City. 

Bid  3.  That  tho  municipal  affairs  of  the  said  City  shall  be  administered  by 
a  Mayor,  a  Recorder,  twelve  Aldermen,  a  Treasurer,  an  Assessor  and  Collector, 
a  Clerk,  a  Marshal,  a  Superintendent  of  Streets,  and  such  other  subordinate 
officers  as  the  Board  of  Aldermen  may.  in  their  sound  discretion,  deem  necessary 
to  the  due  regulation  thereof. 

Bid.  4.  That  every  free  white  male  person,  not  disqualified  by  law,  who 
shall  have  attained  the  age  of  twenty-one  years,  and  become  a  citizen  of  this 
State,  and  shall  have  resided  within  the  limits  of  the  said  City  for  twelve 
months  next  preceding  the  election,  and  who  shall  be  possessed  of  real  estate 
in  the  same,  to  the  value  of  three  hundred  dollars  or  upwards,  or  who  shall 
have  Berved  in  the  army  or  navy  of  the  Confederate  States,  or  in  the  State 
Troops,  and  have  been  honorably  discharged,  and  none  other,  shall  be  entitled  to 
vote  for  Mayor  and  Aldermen  of  the  said  City.  Provided,  nevertheless,  That  no 
person  belonging  to  the  regular  army  or  navy  of  the  Confederate  States,  shall 
be  so  entitled. 

Sec.  6.  That,  a3  it  is  eminently  just  and  proper  that  those  who  levy  the 
taxes  and  expend  the  money  of  the  people,  should  be  themselves  of  those  who 
pay  the  taxes  :  therefore,  to  encourage  economy  in  the  administration  of  tho 
affairs  of  said  City,  no  person  shall  be  eligible  to  the  office  of  Mayor.  Recorder, 
or  Aldermen  of  said  City,  unless,  in  addition  to  his  being  qualified  to  be  a  voter 
therein,  he  be  possessed,  in  his  own  right,  of  real  estate  within  the  limit 
said  City,  to  the  value  of  three  thousand  dollars  (ltfcludldg  the  improvements) 
free  from  ineumbrai. 

Sec.  f>.  That  for  the  purpose  of  holding  elections  for  city  offirrrs,  the  said 
City  shall  be  divided,  as  now.  into  four  Wards,  to  contain,  a-  nearly  as  may  be 


8 

practicable  and  convenient,  an  equal  number  of  voters,  and  it  shall  be  the  duty 
of  the  Board  of  Aldermen  to  alter  said  Wards  from  time  to  time,  in  such  a  manner 
as  to  preserve,  as  nearly  as  may  be,  an  approximate  equality  of  voters.  The 
Mayor  shall  be  elected  by  the  qualified  voters  of  the  City,  voting  by  ballot,  in 
their  respective  wards,  and  shall  hold  his  office  for  one  year  from  the  date  of 
his  election,  and  until  his  successor  shall  be  elected  and  qualified.  At  the  first 
election  held  under  this  Charter,  there  shall  be  elected  by  the  same  voters, 
voting  in  their  respective  wards,  three  Aldermen  form  the  First  Ward,  three 
Aldermen  from  the  Second  Ward,  three  Aldermen  from  the  Third  Ward,  and 
three  Aldermen  from  the  Fourth  Ward,  according  to  the  provisions  of  the  next 
succeeding  section  of  this  act.  At  the  first  meeting  of  the  said  Board  of 
Aldermen  so  elected,  il  shall  proceed  to  divide,  by  lot,  the  three  members  from 
each  ward,  into  three  classes  ;  and  those  of  the  first  class,  shall  hold  their 
offices  for  one  year,  those  of  the  second  class  for  two  years,  and  those  of  the 
third  class  for  three  years,  and  until  their  respective  successors  are  duly  elected 
and  qualified  ;  so  that  thereafter  there  shall  be  elected  at  each  annual  election 
of  Mayor,  one  Alderman  from  each  ward,  who  shall  hold  their  offices  for  three- 
years,  and  until  their  successors  are  elected  and  qualified.  The  said  Mayor  and 
Aldermen,  before  entering  upon  the  duties  of  their  offices,  shall  take  and  sub- 
scribejthe  following  oath,  to  be  administered  by  the  Chief  Justice  or  any  Justice 
of  the  Peace  of  the  county  :  "  You  do  solemnly  swear,  (or  affirm)  that  your  are 
duly  qualified  by  law  for  the  office  to  which  you  have  been  elected,  and  that  you 
will  faithfully  perform  the  duties  thereof  to  the  best  of  your  ability,  so  help 
you  God!  " 

Sec.  7.  That  the  said  city  election  shall  be  held  on  the  first  Monday  of  March  in 
each  and  every  year,  and  shall  be  conducted  as  follows  :  There  shall  be  chosen 
by  the  Board  of  Aldermen,  at  least  fifteen  days  previously  thereto,  for  each  and 
overy  ward,  three  good  and  discreet  men  as  managers  of  the  election,  of  which 
•appoinment,  and  of  the  time  and  places  of  election,  the  Mayor  shall  give  at  least 
ten  days  public  notice.  Un  the  day  of  election  the  said  managers  shall  meet  at 
the  places  designated,  and  having  appointed  two  Clerks,  and  being,  themselves 
and  their  clerks,  first  duly  sworn  by  any  Justice  of  the  Peace,  to  the  faithful 
performance  of  their  duties  without  fear  or  favor,  shall  proceed  to  receive  the 
votes  of  their  ward  for  one  Mayor  and  such  Aldermen  as  are  to  be  elected, 
administering  to  each  voter  of  whose  qualification  there  may  be  doubt,  previ- 
ously to  his  voting,  the  following  oath  "  Yon  do  solemnly  swear,  (or  affirm) 
that  you  are  qualified,  by  law,  to  vote  for  officers  of  this  City,  so  help  you 
God ! '"  The  managers  shall  hold  the  polls  open  from  10  o'clock  a.  m.,  until  4 
o'clock  p.  m.,  and  shall  keep  a  correct  list  of  all  persons  admitted  by  them  to 
vote,  numbering  each  voter  and  marking  his  ticket  with  a  corresponding  number, 
aa  in  the  case  of  State  elections.  As  soon  after  the  closing  of  the  poles  as 
practicable,  they  shall  proceed  to  count  the  votes,  and  shall  make  due  return 
thereof,  certified  under  Lheir  hands  and  seals,  which  said  return,  together  with  a 
certified  list  of  the  persons  voting,  they  shall  envelope,  under  seal,  and  transmit 
by  one  of  themselves  to  the  Mayor  incumbent.  The  said  Mayor  incumbent, 
shall,  within  twenty-four  hours  after  receiving  the  said  returns,  call  together  the 
Board  of  Aldermen,  who  shall,  in  public  meeting,  proceed  to  open  the  returns 
and  decide  upoa  the  election.  The  person  having  received  the  greatest  number  of 
votes  for  Mayor,  being  declared  elected  Mayor,  and  the  persons  having  received, 
the  highest  number  of  votes  in  each  ward  for  Aldermen,  being  declared  elected 
Aldermen  of  their  ward.  In  accordance  wherewith  the  Mayor  incumbent  shall: 
deliver  to  the  Mayor  and  Aldermen  elect,  the  certificates  of  their  election  under 
liis  hand  and  the  seal  of  the  City ;  and  in  case  the  Mayor  incumbent  be  absent, 
indisposed  or  for  any  other  reason,  unable,  or  refuse  to  receive  said  returns,  or  hav- 
ing received  the  same  neglect  to  call  a  meeting  of  the  Board  of  Aldermen,  or 
having  called  a  meeting  thereof,  tbe  said  Board  shall  not  meet,  or  having  met 
within  the  time  prescribed,  shall  not  open  the  returns  and  declare  the  election , 
then,  and  in  either  case,  the  election  shall  not  be  void,  but  the  managers  shall 
make  out  duplicate  returns  of  the  said  election,   and  having  certified,  sealed. 


9 

and  enveloped  the  same  as  before,  shall  transmit  them  to  the  Chief  Justice  of 
the  county,  who  shall  forthwith  proceed  to  determine  the  election  and  deliver 
certificates  of  the  same,  under  his  hand  and  official  seal,  to  the  persons  elected. 
in  the  same  manner  as  the  Board  of  Aldermen  and  the  Mayor  should  have  done. 
The  Mayor  and  Aldermen  elect,  shall,  on  the  first  Monday  after  their  election, 
or  as  soon  thereafter  as  practicable,  be  regularly  installed  into  their  offices,  in 
conformity  with  the  last  clause  of  the  sixth  section  of  this  act.  Should  any  of 
the  managers  of  the  election  fail  to  attend  at  the  proper  time  and  place,  the  one 
or  two  who  m  ay  be  present,  shall  select,  from  among  the  bystanders,  a  suitable 
person,  or  persons,  to  fill  the  vacancy  so  ocjUsioned  ;  and  should  none  of  said 
managers  be  present,  then  the  bystanders,  being  voters,  shall  themselves  select 
three  suitable  persons  to  conduct  said  election,  who  shall  proceed  to  hold  the 
election,  and  make  returns  thereof,  in  the  same  manner  as  the  regular  mana- 
gers should  have  done,  had  they  been  present. 

Skc.  S.  That  the  Hoard  of  Aldermen,  at  its  first  meeting  after  that  in  which 
the  members  were  installed  into  office,  shall  proceed  to  elect,  from  without 
their  own  body,  a  Recorder,  a  Treasurer,  an  Assessor  and  Collector,  a  Clerk, 
a  Marshal,  and  a  Superintendent  of  Streets,  and  such  other  subordinate  officers 
as  may  have  been  created  under  the  third  section  of  this  act.  The  candidate 
receiving  a  majority  of  tlie  whole  number  of  votes,  being  declared  elected. 
The  Treasurer,  Assessor  and  Collector,  Clerk  and  Marshal,  shall  each  enter  into 
bond,  payable  to  the  Mayor  of  the  city,  and  bis  successors  in  office,  with  two 
good  and  sufficient  sureties,  in  such  sum  as  the  Board  of  Aldermen  shall  direct, 
conditioned  for  the  faithful  performance  of  the  duties  of  their  several  offices  : 
whereupon  the  Board  of  Aldermen  shall,  by  motion,  order  the  Treasurer. 
Assessor  and  Collector,  Clerk  and  Marshal  lately  incumbent,  to  deliver  over  to 
those  several  officers  elect,  all  moneys,  books,  papers,  records,  and  all  matters 
and  things  whatsoever  which  they,  or  either  of  them,  may  have  in  his  or  their 
possession,  belonging  to  their  said  several  offices,  without  which  order,  under 
the  hand  and  seal  of  the  Mayor,  the  said  several  officers  shall  not  permit  any 
moneys,  books,  papers,  records  and  other  things,  to  be  taken  from  the  possess- 
ion of  them,  or  either  them  ;  and  if  the  said  several  officers,  or  either  of  them, 
shall,  upon  the  receipt  of  such  order  so  certified,  refuse  or  neglect  to  deliver  over  to 
their  several  successors,  the  said  moneys,  books,  papers,  records  and  other  things, 
or  any  of  them,  they,  or  either  of  them  so  offending,  shall  be  deemed  guilty  <: 
contempt,  and  upon  conviction  thereof  in  the  city  court,  shall  be  adjudged  to 
pay  a  fine  not  exceeding  one  hundred  dollars,  and  to  be  imprisoned  not  exceed- 
ing seven  days  for  every  week  that  he,  or  they,  shall  so  retain  the  same,  said 
fine  to  be  collected  by  execution,  if  sued  from  the  said  court,  against  the  ee.1 
of  them  and  their  securities. 

Sec.  9.  That  the  Mayor  of  the  said  city  shall  be  the  Chief  Executive  Magis- 
trate thereof,  and  as  such  shall  be  vigilant  and  active  in  causing  the  laws, 
ordinances  and  regulations  of  the  city  to  be  executed  and  enforced.  He  shall 
take  instant  measures  for  the  quelling  of  all  riots,  and  disorders,  and  the  dis- 
persion of  all  unlawful  assemblages  of  persons  in  said  city.  He  shall  exercfei 
a  general  supervision  over  the  conduct  of  all  Subordinate  officers,  and  cause  their 
violations  of  law,  or  neglect  of  duty  to  be  reported  to  the  Board  6f  Aldeinien. 
to  be  punished  by  fine,  not  to  exceed  one  hundred  dollars,  or  by  dismission 
from  office,  as  they  shall  see  lit.  He  shall,  at  the  request  of  three  Aldermen,  or 
whensoever  he  may  deem  it  advisable,  call  special  meetings  of  the  Board  of 
Aldermen,  causing  due  notice  to  be  given  to  each  member  thereof,  and  shall 
preside  at  all  meetings  of  the  said  Board,  but  shall  have  no  vote,  unless  there 
be  a  tie,  in  which  case  he  shall  give  the  casting  vote.  He  shall  from  time  to 
time  communicate  to  the  Board  of  Aldermen,  such  information, and  recommend 
such  measures  as  the  welfare  of  the  city  may,  in  his  opinion,  render  necessary, 
and  generally  shall  do  and  perform  all  such  acts  and  duties  which  the  said 
Board  of  Aldermen  may  lawfully  require  of  him  as  the  Chief  Magistrate  of  the 
eity  ;  and  for  his  services  as  Mayor,  he  shall  receive  a  salary  to  be  determined 
by  the  Board  of  Aldermen,  payable   at  stated  periods,  which  salary   shall  be 


10 

neither  increased  nor  diminished  during  the  term  of  service  of  any  incumbent, 
for  or  under  any  pietext  whatever. 

Sec  10.  That  the  Recorder  of  the  said  City  shall  he  the  Chief  Judicial 
Magistrate  thereof,  and  as  such  shall  hold  a  City  Court,  within  said  City,  which 
said  court  shall  have  cognizance  of  all  misdemeanors,  breaches  of  the  peace, 
infractions  of  the  ordinances,  and  all  other  cases  arising  under  the  laws  of  said 
city,  and  shall  be  deemed  always  open  for  the  trial  oi  said  cases.  The  said 
Recorder,  as  Judge  thereof,  shall  have  power  to  issue  subpoenas,  writs,  execu- 
tions, and  all  other  process  known  to  the  law,  which  a  Justice  of  the  Peace  of 
this  State  may  lawfully  issue.  andAthe  said  subpoenas,  writs,  executions,  and 
other  process,  shall  he  issued,  served  and  executed  under  the  same  forms,  and 
in  the  same  manner,  as  the  like  process  should  be,  when  issued  by  a  Justice  of 
the  Peace.  He  shall  have  power  to  punish  all  contempts,  aud  generally  shall 
do  and  perform  all  other  acts  which  the  Board  of  Aldermen  may  lawfully 
require  of  him  as  the  Judge  of  the  City  Court.  And  for  his  services,  the  said 
Recorder  shall  receive  such  stated  salary  as  the  Board  of  Aldermen  may  deem 
sufficient,  the  said  salary  to  be  neither  increased  nor  diminished  during  the  term 
of  service  of  any  incumbent.  The  said  Recorder  shall  hrld  his  office  for  two 
years,  and  until  his  successor  is  elected  and  qualified,  and  before  entering  upon 
the  duties  of  his  office,  shall  take  the  like  oath  of  office  as  is  required  by  law  of 
the  Chief  Justice  of  the  county. 

Sec.  11.  That  the  Board  of  Aldermen  shall  be  composed  of  three  Aldermen 
from  each  of  the  four  Wards  of  said  City,  and  shall  have  full  power  and 
authority  to  make  and  establish  such  ordinances,  regulations,  laws,  and  by- 
laws as  they  shall  deem  necessary  for  their  own  government,  and  to  preserve 
the  peace,  cleanliness,  comfort  and  salubrity  of  said  City  ;  to  secure  the  safety 
and  convenience  of  passing  iu  the  streets,  alloys,  squares,  levees,  and  other 
public  ways  ;  to  direct  the  construction,  maintenance  and  repairs  of  side-walks 
in  the  said  streets,  at  the  cost  of  the  proprietors  of  neighboring  houses  and 
lots,  and  to  determine  the  di:n,jn>ions  thereof  :  to  establish  rules  and  regulations 
in  relation  to  partition,  walls  and  fences  ;  to  require  all  low  grounds  and  lots 
in  said  city  to  be  drained  and  filled  up  by  the  proprietors  thereof,  and  in  case 
of  their  refusing,  or  neglecting  so  to  do  when  ordered,  to  cause  the  same  to  be 
drained  and  filled  up,  and  the  premises  to  be  sold  to  defray  the  expenses  thereof, 
provided,  nevertheless,  That  the  proprietor  of  the  lots,  or  lands,  so  sold, 
shall  be  entitled  to  receive  that  part  of  the  purchase  money  which  may  remain 
after  defraying  the  expenses  of  draining,  filling  and  selling  the  same.  The  said 
Board  shall  have  power  to  fix  the  place,  and  anchorage  for  all  vessels  and 
water  craft  in  the  port  of  Galveston,  and  to  establish  quarantine,  and  all  other 
regulations  which  may  he  necessary  to  prevent  the  introduction  or  spread  of 
contagious,  epidemic  or  iufectious  diseases  ;  to  organize  a  fire  department,  and  to 
regulate  the  same,  and  to  pass  such  other  laws  as  may  be  deemed  necessary  for 
the  prevention  and  extinguishment  of  fires  ;  to  establish  a  city  guard  or  patrol, 
and  to  regulate  the  same  ;  to  establish  an  active  system  of  inspection  over  the 
conduct  and  habits  of  slaves  ;  to  provide  for  the  lighting  the  streets  ;  to  estab- 
lish one  or  more  market  places,  and  to  provide  for  the  inspection  of  all  comes- 
tibles offered  for  sale  therein,  or  elsewhere,  and  otherwise  to  regulate  the  same ; 
to  prevent  forestalling  and  regrating,  and  to  punish  the  same  ;  to  establish  and 
enforce,  by  suitable  penalties,  the  proper  weights  and  measures;  to  regulate 
the  assize  and  quality  of  bread,  and  every  thing  that  relates  to  butchers,  bakers, 
tavern-keepers,  aud  other  persons  keeping  public  houses,  beer  saloons  or  grog 
shops,  draymen,  hack  drivers,  horse  drivers,  water  carriers,  and  slaves  employed 
as  day  laborers  ;  to  prevent  the  establishment,  within  the  said  city,  of  houses 
ill-fame,  or  any  other  place  of  resort  for  gambling,  or  other  vicious  purposes  ; 
to  establish  hospitals  for  the  accommodation  of  destitute  sick  persons,  poor- 
houses  for  the  infirm  and  indigent,  and  work-houses  for  the  confinement  of 
common  beggars,  vagrants,  and  other  idle  and  vicious  persons  ;  and  to  pass 
such  laws,  and  appoint  such  officers  as  they  may  deem  necessary  for  the  due 
management  thereof ;  to  provide  places  for  the  storing  of  powder,  the  burying 


11 

of  the  dead,  and  the  reception  of  all  carrion,  offals,  tainted  provisions,  and 
other  tilth  from  within  the  said  city,  and  to  prevent  the  use  ol  any  other  place 
within  the  said  limits,  for  the  sum1  purposes  :  to  prohibit  the  establishment  of 
slaughter  houses,  or  any  other  nuisance  within  said  city  ;  and  generally  to  do 
all  such  other  acts,  and  to  pass  such"  ordinances,  not  inconsistant  with  the  Con- 
stitution and  laws  of  this  State,  or  of  the  Confederate  States,  as  may  conduce 
to  the  interest  and  welfare  of  said  City.  J'rovided,  That  no  ordinance,  law,  or 
by-law,  passed  in  persuance  of  this  act.  shall  jxo  into  effect  Unless  the  same  be 
approved  by  the  Mayor,  or  being  disapproved  by  him.  it  be  passed  by  a  vote 
of  two-thirds  of  the  whole  Board,  nor  until  ten  days  after  the  same  shall  have 
been  published  in  one  of  the  newspapers  of  the  city,  unless  in  the  opinion  of 
two-thirds  of  said  Board,  the  emergency  may  be  such  as  to  require  a  departure 
from  this  rule.  An  attendance  of  two-thirds  of  the  members  of  the  Board  shall 
be  necessary  to  form  a  quorum  ;  and  the  said  Board,  by  a  vote  of  three-fourths 
of  the  whole  Board,  may,  at  any  time,  for  cause  assigned,  dimiss  any  officer 
elected  by  the  Board,  except  the  Recorder,  and  elect  a  new  incumbent.  And 
to  defray  the  expenses  of  said  City,  the  said  Board  are  hereby  fully  authorized 
and  empowered  to  impose  a  direct  property  an.l  license  tax  upon  all  such 
persons,  property  and  employments  as  are  liable  to  taxation  under  the  Consti- 
tution and  laws  of  this  State,  an:!  to  make  and  execute  all  laws  necessary  to 
enforce  the  collection  of  the  same.  Provided,  nevertheless,  That  no  property 
tax  (unless  for  special  purposes,  and  specially  provided  for  by  act  of  this 
Legislature.)  shall  for  any  one  year  exceed  the  one-half  ot  one  per  cent,  of  the 
value  of  the  property,  nor  any  license  tax,  the  sum  of  fifty  dollars  ;  nor  shall 
any  tax  be  levied  without  the  concurrence  of  two  thirds  of  the  whole  Board  in  it< 
favor.  And  in  order  the  more  effectually  to  enforce  the  ordinances  of  the  said 
city,  the  said  Board  of  Aldermen  shall  impose.  Upon  the  violation  thereof,  such 
fines  and  penalties,  not  exceeding  one  hundred  dollars,  and  such  imprisonment, 
not  exceeding  fifteen  days,  to  be  collected  and  inflicted  through  the  City  Court, 
hereinbefore  provided,  as  they  may  deem  necessary  and  proper. 

Ssc,  1-.  That  the  Treasurer  of  said  City,  shall  receive,  and  securely  keep, 
all  moneys  belonging  to  the  said  City,  and  make  all  payments  for  the  same,, 
upon  the  order  of  the  Mayor,  attested  by  the  Clerk,  and  the  seal  of  the  City. 
He  shall  keep  regular  and  correct  accounts  of  their  real,  personal  and  mixed 
property,  and  shall  render  a  correct  statement  ol  his  receipts  and  payments  to 
the  Board  of  Aldermen  at  their  fust  regular  meeting  in  every  quarter,  and 
whensoever,  at  other  times,  be  may  be  required  by  them  to  do  so,  and  at  the 
end  of  every  half  year,  shall  cause  to  be  published,  at  the  expense  of  the  city. 
a  statement  showing  the  amount  of  receipts  and  expenditures  for  the  six 
months  next  preceding,  and  the  general  condition  of  the  treasury,  and  shall  do 
and  perform  such  other  acts  and  duties  as  the  Board  of  Aldermen  may  lawfully 
require  of  him  as  the  Treasurer  of  the  city.  And  for  his  services,  the  said 
Treasurer,  shall  receive  such  compensation  as  the  Board  of  Aldermen  may  deem 
sufficient,  the  said  compensation  not  to  be  chauged  during  the  term  of  service 
of  any  incumbent. 

Bec.  13.  That  the  Assessor  and  Collector  of  the  city  shall  make  up  the 
assessments  of  all  property  taxed  by  the  city,  and  collect  the  taxes  of  every 
kind  as  they  shall  become  due  and  owing,  and  generally  perform  all  the  duties 
in  relation  to  city  ta.\e~.  a-,  are  required  of  the  State  Assessors  and  Collectors  in 
regard  to  the  State  and  County  taxes,  under  such  forms  and  regulations  as  the 
Board  of  Aldermen  may  j  and  .-hall  pay  over  to  the  Treasurer,  every 

month,  the  moneys  which  he  shall  hare  received,  and  make  a  reporl  thereof  to 
the  Board  of  Aldermen  at  their  fir^t  regular  meeting  in  every  quarter.  All 
assessments  of  property  shall  be  made  under  oath  by  Ihe  party  returning  the 
same  :  if  the  appraisement  be  unsatisfactory  to  the  Assessor,  it  shall  he  referred 
to  a  board  of  three  commissioners,  being  owners  of  real  estate  in  the  city  to 
the  value  of  three  thousand  dollars,  and  entirely  disconnected  with  the  admin- 
istration of  the  city,  who  shall  be  appointed  by  the  Board  Of  Aldermen,  and 
whose  decision  shall  be  final.     The  same  commissi  mer.s  shall  assess  the  value 


12 

of  all  property  whose  owners  are  unknown,  or  which  may  not  have  been 
returned,  and  shall  receive  for  their  services  such  remuneration  not  being  a 
per  centage,  as  the  Board  of  Aldermen  shall  think  proper. 

Sec.  14.  That  the  Clerk  of  the  said  city  Bhall  be  Secretary  to  the  Board  of 
Aldermen,  and  as  such  shall,  in  person,  or  by  his  deputy,  attend  at  their  meet- 
ings, keep  a  correct  minute  of  all  their  proceedings,  and  take  charge  of  all 
books,  records  and  papers  which  the  said  Board  shall  have  for  the  recording  of 
their  ordinances,  and  the  preservation  of  all  other  matters  and  things  pertain- 
ing to  their  official  act".  He  shall  be  Clerk  of  the  City  Court,  and  as  such  shall 
have  charge  of,  and  faithfully  keep,  all  books,  records  and  papers  whatsoever 
belonging  to  the  said  Court,  and  do  all  other  acts  and  duties  which  he  may  law- 
fully be  required  to  do  and  perform  as  Secretary  of  said  Board  or  Clerk  of  said 
Court,  and  for  his  services  he  shall  receive  such  fees  as  the  District  Clerk 
receives  for  similar  services,  and  such  other  compensation,  as  the  Board  of 
Aldermen  shall  deem  sufficient. 

Sec.  15.  That  the  Marshal  shall  be  the  Chief  Constable  of  the  said  city,  and 
shall,  either  in  person  or  by  one  of  his  deputies,  attend  upon  the  City  Court 
while  the  said  Court  may  be  in  session,  and  shall  faithfully  execute  all  process 
issued  from  the  said  court.  He  shall  be  active  in  quelling  riots,  disorders  and 
disturbances  of  the  peace  within  the  limits  of  said  city,  and  shall  take  into 
custody  all  persons  so  offending  against  the  peace  of  the  community,  and  him, 
her  or  them,  have  before  the  City  Court,  if  in  session  ;  if  the  said  court  be  not 
then  in  session,  the  said  Marshall  shall  commit  the  person,  or  persons  so  offend- 
ing to  the  city  jail,  there  to  be  securely  kept  in  custody  until  the  City  Court 
hall  be  in  session,  when  he,  she  or  they,  shall  forthwith  be  taken  before  the  said 
court,  there  to  be  fined  and  punished  according  to  the  laws  of  the  city  and  the 
sound  discretion  of  the  court,  Provided,  That  said  Marshal  may,  at  his  discre- 
tion, take  suitable  and  sufficient  bail,  for  the  appearance  before  the  City  Court, 
of  any  person  charged  with  an  offence  against  the  ordinances  or  laws  of  the 
city,  being  himself  responsible  for  the  appearance  of  said  accused.  The  said 
Marshal,  for  the  more  efficient  discharge  of  his  duties,  may  appoint  one  or 
more  deputies,  who  shall  have  the  same  powers  and  perform  the  same  duties  a* 
the  Marshal  has  or  should  perform,  the  said  Marshal  being  responsible  for  the 
fathful  performance  of  their  duties  by  his  said  deputies  ;  and  for  his  services 
the  Marshal  shall  receive  the  same  fees  as  the  Sheriff  of  the  county  does  by 
law  receive  for  like  services,  and  such  other  compensation,  if  necessary,  as  the 
Board  of  Aldermen  may  deem  sufficient. 

Sec.  16.  That  the  Superintendent  of  Streets  shall  supervise  all  work  under- 
taken by  the  Board  of  Aldermen  upon  the  streets,  alleys  and  public  squares  of 
the  city ;  direct  the  grading  of  the  same  and  the  construction  of  sidewalks,  so 
as  to  preserve  a  due  uniformity  in  their  height  and  width  ;  inspect  the  draining 
and  filling  up  of  all  such  lots  and  low  grounds  as  may  be  ordered  by  the  City  ; 
superintend  the  building  of  all  culverts  and  bridges  ;  control  all  gangs  of 
workmen  employed  by  the  City  upon  the  streets  ;  and  remove  all  obstructions 
that  may  be  unlawfully  put  in  any  of  said  streets,  alleys,  squares  or  other 
public  thoroughfares,  and  generally  do  all  other  acts  and  things  which  the 
the  Board  of  Aldermen  may  lawfully  require  of  him,  and  for  his  services  shall 
receive  such  stated  salary  as  the  said  Board  may  determine. 

Sec.  17.  That  such  other  officers,  as  may  be  created  by  the  Board  of  Alder- 
men, under  the  third  section  of  this  act,  shall  have  such  powers,  perform  such 
duties,  be  subject  to  such  penalties  and  receive  such  compensation  as  the  Board 
may  direct,  and  the  said  "  City  of  Galveston "  shall  always  be  responsible 
to  any  person,  or  persons,  for  any  trespass,  wrong,  injury  or  damage  done  to 
such  person,  or  persons,  contrary  to  law,  by  any  of  the  officers  of  said  City 
under  color  or  pretence  «f  his  office,  and  the  said  City  of  Galveston  may  be 
amerced  in  damages  for  the  same  in  any  suit,  or  suits,  brought  against  the  said 
City,  in  the  courts  of  this  State. 

Sec.  18.  That  for  the  more  efficient  discharge  of  their  several  duties,  the 
Mayor,  and  the  Recorder  of  said  City,  shall  be  ex  officio  Justices  of  the  Peace 


13 

and  as  such,  they,  aud  each  of  tbem,  shall  take  cognizance  of  all  crimes  and 
misdemeanors  under  the  laws  of  this  State,  committed  within  the  limits  of  said 
City,  and  do  and  perform  all  other  acts  and  duties  which  a  Justice  of  the  Peace 
may  lawfully  do,  except  that  they  shall,  in  no  case,  ontertaiu  jurisdiction  over 
civil  suits.  And  the  said  Mayor,  the  Recorder  and  the  Marshal  and  his  depu- 
ties, are  hereby  fully  authorized  and  empowered  to  call  to  their  aid,  the  assist- 
ance of  any  person  resident  in  the  said  city,  whenever,  in  the  discharge  of  their 
several  duties  in  cases  of  riot,  disorder,  breach  of  the  peace,  or  resistance  to 
their  lawful  authority,  they  may  need  the  same  ;  and  any  person,  or  persons, 
who  shall,  when  so  called  upon,  neglect  or  refuse  to  render  his  assistance,  shall, 
on  conviction  thereof  in  the  City  Court,  be  liable.to  such  tine,  not  exceeding  one 
hundred  dollars,  and  such  imprisonment,  not  exceeding  ten  days,  as  the  said 
court  shall,  in  its  sound  discretion,  impose. 

Sec.  IV-  That  whensoever  a  vacancy  shall  occur  in  the  Board  of  Aldermen,  or 
any  other  office  in  said  city,  by  death,  resignation,  removal,  or  otherwise,  or 
whensoever,  from  any  cause,  the  regular  elections  shall  not  be  held  at  the  proper 
time,  the  Board  of  Aldermen  may,  and  shall,  as  soon  as  practicable  thereafter,  order 
an  election  to  fill  such  vacancy,  or  to  supply  the  place  of  such  omitted  election, 
and  the  said  election,  so  ordered,  shall  be  conducted,  in  all  things,  in  the  same 
manner  as  hereinbefore  prescribed  for  the  regular  elections.  And  in  case  of  the 
sickness  of  any  officer,  and  until  the  vacancy  shall  be  filled  by  such  election, 
the  Board  of  Aldermen  are  hereby  fully  authorized  and  empowered  to  appoint, 
other  persons  (if  it  be  the  office  of  Mayor,  from  their  own  body,  and  if  any 
other  office,  from  without  their  body,)  to  fill  such  office  until  such  sick  person 
shall  recover,  or  such  vacancy  be  filled  by  election  by  the  people,  or  by  the 
Board  of  Aldermen  ;  and  the  person  so  appointed  shall  have  the  same  powers, 
perform  the  same  duties,  be  subject  to  the  same  penalties,  and  receive  the  same 
compensation  for  the  time  being,  as  if  he  had  been  duly  elected  to  said  office. 

Seo.  20.  The  Board  of  Aldermen  shall  hold  their  regular  meetings  on  the 
first  and  third  Mondays  of  each  and  every  month,  and  may  meet  at  any  other 
time  that  the  Mayor  shall,  in  his  discretion,  call  them  together,  or  any  three 
of  themselves  shall  deem  necessary.  Each  member  of  said  Board  shall  receive, 
for  every  regular  meeting  which  he  shall  at'end.  the  sum  of  three  dollars,  any 
any  member  who  shall  fail  to  attend  a  regular  meeting,  shall,  for  each  and  every 
such  failure,  be  fined  three  dollars,  unless  prevented  from  attending  by  sickness 
of  himself,  or  in  his  family  ;  and  no  member  of  said  Board  shall  be  appointed 
to  any  employment,  contract  or  office  under  the  said  corporation,  except  to  the 
office  of  Mayor  pro  tempore,  as  provided  in  the  next  preceding  section. 

Skc.  21.  That  all  real  estate,  which  may  be  sold  by,  or  under  the  direction 
<-,f  the  corporate  authorities  of  said  city,  for  taxes,  or  to  pay  the  expenses  of 
draining,  and  filling  up  the  same,  as  provided  in  the  eleventh  section  of  this 
act,  may  be  redeemed  at  any  time  within  two  years  from  the  date  of  sale,  bv 
the  proprietor,  his  heirs,  executors  or  administrators,  paying  to  the  pure! 
thereof,  his  representatives  or  assigns,  or  depositing  with  the  Assessor  and 
Collector,  for  his  or  their  benefit,  double  the  amount  of  the  purchase  money 
and  of  the  taxes  which  he,  or  they,  may  have  subsequently  paid  thereon ;  nor 
shall  any  title  issue  to  said  purchaser  before  the  expiration  of  said  two  years, 
but  only  a  certificate  of  purchase,  saving,  nevertheless,  to  infants  femes  e 
and  persons  non  compos  men/is,  in  addition  to  the  two  years,  the  period  of 
if  incy,  coverture,  or  mental  disability. 

Sec  22  That  in  any  suit  or  action,  in  any  court  in  this  State,  in  which  the 
laid  City  of  Galveston  shall  be  a  party,  it  shall  be  no  exception  to  the  compe 
^n^y  of  a  witness,  that  he  is  an  inhabitant  of,  or  the  owner  of  taxable  property 
in  Iho  said  City  ;  and  all  writs,  notices,  and  other  process  served  upon  the 
Mayor,  or  the  person  acting  in  his  stead  for  the  time  being,  shall  be  deemed  to 
be  served  upon  the  City  of  Galvc-t  m. 

BlC.  23.  That  all  laws,  and  parts  of  law;,  heretofore  passed  in  relation  to 
tho  Incorporation  of  the  Cily  of  Galveston  be,  and  the  same  are  hereby  repealed  . 
Provided,  -  ,  Thai  all   ordinances,  laws  and   by-law-    pawed  by  the 


14 

corporate  authorities  of  said  City  under  said  act.*,  and  which  are  now  in  force, 
shall  remain  in  force  until  the  same  are  altered,  amended  or  repealed  by  the 
said  authorities  under  the  present  act ;  nor  shall  auy  thing  in  this  act  contained, 
be  so  construed  as  to  alter  or  impair  any  contract  or  obligation  which  may 
heretofore  have  been  entered  into  by  the  duly  constituted  authorities  of  said 
City,  but  all  such  obligations  and  contracts,  and  all  debts  and  liabilities  due 
and  owing  to  and  from  the  said  City,  shall  be  and  remain  to  all  intents  and 
purposes  as  binding  upon  the  parties  as  if  this  act  had  not  been  passed. 

Sec.  24.  That  so  much  of  this  act,  as  relates  to  the  City  elections  shall  go 
into  effect  from  and  after  its  passage,  and  the  next  annual  election  shall  be  held 
under  the  provisions  of  the  same  ;  and  that  this  act  go  into  operation,  in  all  its 
parts,  from  and  after  the  day  ot  said  election. 

Approved  December  9th,  1803. 

CHAPTER   XIII. 
AN  ACT  for  the  relief  of  the  lieirs  of  Francis  L.  Toncanj 

Section  1.  Be  it  enacted  by  (he  Legislature  of  the  State  of  Texa*,  That  the 
Commissioner  of  the  General  Land  Office  be  and  he  is  hereby  authorized  and 
required  to  issue  to  the  heirs  of  Francis  L.  Toncary,  a  bounty  certificate  for  six 
hundred  and  forty  acres  of  land  ;  said  certificate,  when  issued,  shall  be  located. 
surveyed,  and  patented,  as  other  certificates  of  like  character. 

Sec.  5.    That  this  act  take  effect  from  and  after  its  passage. 

Approved  December  8th,  1803. 

CHAPTER  XIV. 

AN  ACT  for  the  relief  of  George  E.  Burney. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  six  hundred  dollars,  in  Confederate  money,  be  and  the  same  is  hereby 
appropriated  to  reimburse  George  E.  Burney,  for  actual  expenses  incurred  by 
him  in  going  to  the  State  of  Mississippi,  by  order  of  the  Governor,  to  demand 
the  delivery  of  George  B.  Payne,  William  Payne,  Hezekiah  Payne,  and  John 
T.  Berry,  fugitives  from  justice,  charged  with  forging  and  uttering  counterfeit 
Confederate  Treasury  notes. 

Sbc.  2.    That  this  act  take  effect  from  its  passage. 

Approved  December  11th,  1863. 

CHAPTER   XV. 

AN  ACT  to  incorporate  San  Saba  Masonic  College. 

Section  1.  Be  it  enacted  by  ihe  Legislature  of  the  Slate  of  Texas,  That  "  San 
Saba  Masonic  College,"  in  San  Saba  county,  be  incorporated,  and  that  John  W. 
Hudson,  J.  B.  Harrell,  John  H.  Brown,  J.  S.  Williams,  and  William  Thaxton, 
and  their  successors,  be  and  they  are  hereby  constituted  a  board  of  trustees  for 
said  College,  and  they  and  their  successors  made  a  body  corporate,  capable 
in  law  of  suing  and  being  sued  ;  they  shall  have  succession  and  hold  property 
to  the  value  of  twenty  thousand  dollars,  and  shall  have  a  common  seal,  and 
do  all  things  necessary  to  carry  out  the  designs  of  said  incorporation  in  the 
maintenance  of  a  good  Collegiate  School  in  San  Saba  county :  Provided,  the 
privileges  granted  in  this  act  shall  continue  in  force  for  twenty-five  years,  and 

no  longer.  ,';;•';. 

Sec.  2.  That  said  College  shall  be  under  the  general  direction,  supervision 
and  patronage  of  the  Masonic  Lodge,  No.  225,  at  San  Saba ;  but  no  religious 
test  or  qualification  of  any  kind  whatever  shall  be  a  requisite,  in  order  to 
,!>ecome  a  trustee,  prudent,  professor,  or  strident.  5n  said  College. 


15 

Skc.  3.  That  whenever  a  vacancy  shall  occur,  from  any  cause,  in  the  board 
of.  trustees,  the  board  shall  have  power  to  fill  it ;  and.  at  any  time  hereafter, 
the  bo. nil  may  increase  their  number,  not  to  exceed  nine,  subject,  however,  to 
the  ratilication  of  the  Masonic  Lodge,  No.  BZ6,  at  San  Saba. 

Sec.  4.  That  the  trustees  shall  have  power,  by  the  president  and  faculty  ol 
said  College,  to  grant  and  confer  such  degree  or  degrees,  in  arts  and  sciences 
and  learned  professions,  to  the  students  of  said  College,  and  to  other  persons 
worthy  thereof,  as  are  usually  granted  and  conferred  in  other  Colleges  in  the 
Confederate  States,  and  to  give  certificates  thereof,  or  diplomas,  signed  by  them 
and  sealed  with  the  common  seal  of  the  trustees  of  the  College,  to  authenticate 
and  perpetuate  the  memory  of  such  graduations. 

Ski'.  •">.  That  no  misnomer  of  said  College  shall  defeat  or  annul  any  gift, 
errant,  device,  or  bequest,  to  the  same. 

Sec.  6.     That  this  act  take  etl'ect  and  be  in  force  from  and  after  its  passage. 

Approved  December  11th.  1863. 

CHAPTER  XVI. 

AM  A<  T  amendatory  of  -'An  Act  to  amend  a  Joint  Resolution,  entitled  'Jour. 
Resolution  for  the  relief  uf  //',-:  heirs  ami  a&signtes  of  Benjamin  D.  ]\'obk*. 
■./.'"  approved  J.hvtiuber  'Hat,  1849. 

Section  1.  Bt  it  enacted  by  the  Legislature  of  the  Stale  %f  Texas,  That  the  first 
section  of  the  above  recited  act  shall  hereafter  read  as  follows  :  That  the  first 
section  of  the  above  recited  Joint  Resolution  bo  and  the  same  is  hereby  amended 
so  as  to  read  as  follows  :  That  the  Comptroller  be  and  he  is  hereby  authorized 
to  receive  the  amount  due  on  lots  number  one  and  three,  in  block  number 
sixty-seven,  and  lot  number  twelve,  in  block  number  fifty-five,  in  the  city  of 
Austin,  from  the  legal  representatives  of  Benjamin  D.  Nobles,  deceased  ;  ami. 
upon  the  receipt  thereof,  that  he  issue  the  usual  certificate  for  patent. 

SArj.  -'.     That  this  act  take  effect  from  and  after  its  passage. 

Approved  December  11th.  ISO*. 

CHAPTER  XVII. 

AN  ACT  to  incorporate  the  Parsons  Female  Seminary. 

Section  1.  Be.  it  enacted  by  the  Legislature  <>f  (}lf  Slate  of  Texas.  That  E.  L>. 
Towns.  T.  M.  Rector,  N.  S.  Rector.  Isaac  Wildbahn,  Edward  Harrington,  Jame- 
Manor,  Joseph  Barnhart,  trustees  of  the  l'arsons  Female  Seminary,  situated  in 
the  county  of  Travis,  be  and  are  hereby  created  a  body  corporate,  under  the 
name  and  style  of  "The  Board  of  Trustees  of  the  Parsons  Pema'e  Seminary,' 
and  by  that  name  sue  and  be  sued,  plead  and  be  impleaded,  enact  by-law - 
rules  and  regulations,  purchase,  take,  hold,  and  enjoy,  all  property  of  every 
and  all  kinds,  for  the  benefit  of  the  said  institution  ;  to  convert  said  property 
into  money,  and  dispose  of  the  same :  and  shall  have  a  common  seal  for  the 
transaction  of  its  business. 

Skc.  2.     That  the  rights  and  privileges  herein  granted  shall  extend  to  the 
trustees  named  in  the  preceding  section  and  their  survivors,  and  to  no  oth<v 
persen.    In  the  event  of  the  death  of  one  or  more  of  said  trustees,  all  the  right 
and  privileges,  granted  by  the  provisions  of  this  act,  shall  be  taken,  exeroi 
and  enjoyed,  by  their  survivors :  and,  on  the  death  of  all  t! 
the  corporation  herein  created  shall  become  extinct. 

Sec.  3.    That  the  board  of  trustees  shall  have  power,  upon  the  recorr.r: 
"f  the  faculty,  to  confer  degrees  in  the  arts  and  sciences  upon  the  grad>  . 
of  said  Seminary,  and  upon  such  other  persons  as  they  may  deem  worthy. 
give  diplomas  of  the  same,  by  the  president  and  faculty  of  tlie  Semin;  • 
tbe  president  of  the  board  of  trustee*. 

me.  4.    That  all  donations  or  beq  •  1  Seminary  shall  be  good  i 


16 

binding,  although  the  corporate  name  may  have  not  been  properly  slated  by 
the  person  making  such  bequest  or  donation. 

Sec.  5.  The  board  of  trustees  may  elect  from  their  own  number,  under  such 
rules  and  regulations  as  they  may  adopt,  and  for  such  terms  and  times  as  they 
may  see  proper,  a  president,  secretary,  and  treasurer,  or  any  other  officer  or 
agent,  necessary  in  the  board  ;  they  shall  also  have  the  power  to  construct, 
enlarge,  or  alter,  or  remove,  all  necessary  buildings  for  the  purpose  of  said 
Seminary,  and  to  do  all  things  necessary  to  the  proper  conduct  and  manage- 
ment of  said  Seminary,  not  contrary  to  law  or  inconsistent  with  this  charter. 

Sec.  6.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  14th.  1863. 


CHAPTER  XVIII. 

AN  ACT  to  validate  the  official  acts  of  Joseph   WaUis,  as  Notary 
Public  of  Washington  county. 

Skctiox  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas.  That  the 
official  acts  and  deeds  of  Joseph  Wallis,  acting  as  Notary  Public  within  and  for 
Washington  county,  from  and  after  the  9th  day  of  March,  A.  D.,  1861,  and  before 
the  21st  day  of  November,  A.  D.,  1863,  be  and  the  same  are  hereby  declared  to 
be  as  legal  and  valid*  to  all  intents  and  purposes,  as  though  he  had  been  duly 
nominated  and  confirmed,  as  the  law  requires. 

Sec.  2.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  14th,  1863. 

CHAPTER   XIX. 
AN  ACT  to  incorporate  the  Rusk  County  Iron  Company. 

Section-  1.  Beit  enacted  by  the  Legislature  of  the  State  of  Texas,  That  William 
Davenport,  W.  W.  Morris,  Taylor  Brown,  William  L.  McMurray,  R.  W.  McClane, 
A.  S.  Hayter,  John  Borham,  John  Buckner,  and  W.  W.  Bell,  citizens  of  the 
State  of  Texas,  their  associates  and  successors,  be  and  they  are  hereby  created 
a  body  corporate  and  politic,  under  the  name  and  style  of  "  The  Rusk  County 
Iron  Company,"  with  capacity  to  own  property,  real,  personal  and  mixed,  in 
Mich  quantities  as  may  be  necessary  for  the  legitimate  purposes  of  this  cor- 
poration, to  make  contracts,  have  a  common  seal,  establish  by-laws  for  its 
government,  and.  in  their  corporate  name,  to  sue  and  be  sued,  to  grant  and 
receive,  and  generally  to  do  and  perform  such  things  and  acts  as  may  be  essen- 
tial and  incident  to  the  fulfilment  of  their  objects,  or  the  maintenance  of  then- 
rights  under  this  act,  and  not  inconsistent  with  the  constitution  of  this  State. 

Sec.  2.  That  said  company  is  hereby  created  with  the  right  to  erect,  own, 
maintain,  and  carry  on,  a  manufactory  of  iron  and  steel  of  every  description 
whatever,  and  all  other  articles  of  which  iron  or  steel  forms  a  part,  at  such 
place  or  places  as  said  company  may  select,  in  the  county  of  Rusk. 

Sec.  3.  The  capital  stock  of  said  company  shall  be  divided  into  shares  of 
one  hundred  dollars  each,  and  the  holders  of  said  shares  shall  constitute  said 
company,  and  the  capital  stock  of  the  company  shall  not  exceed  five  millions 
of  dollars. 

Sec.  4.  The  business  of  said  company  shall  be  conducted  by  a  board  of 
directors  of  not  less  than  three  nor  more  than  five,  chosen  by  the  stockholders 
out  of  their  number,  at  such  time  and  place  as  the  corporators  herein  mentioned, 
or  a  majority  of  them,  may  prescribe,  and  annually  thereafter :  Provided,  That 
in  case  of  failure  to  elect  at  the  stated  time,  the  board  of  directors  incumbent 
shall  hold  their  office  until  there  be  an  election,  the  time  and  place  for  which 
may  be  fixed  by  said  board,  of  which  there  shall  be  reasonable  notice,  of  not 
less  than  twenty  days. 


17 

Sec.  5.  That  no  person  shall  be  eligible  as  director,  unless  he  be  a  member 
of  said  company.  The  board  shall  elect  from  their  number  a  president,  fill 
vacancies,  and  appoint  such  officers  as  they  may  deem  necessary,  and  exact 
security  for  the  faithful  performance  of  their  duties,  and  fix  the  time  for  the 
payment  of  all  instalments,  to  declare  forfeitures  of  stock  for  non-payment,  and 
to  do  and  perform  all  things  which  they  may  deem  necessary  to  a  successful 
prosecution  of  the  business  of  the  company.  A  majority  of  said  board  of 
directors  shall  constitute  a  quorum  for  business. 

Sec.  6.  The  members  of  said  company  shall  be  entitled  to  the  benefits  of 
any  bonus,  loan,  or  other  benefits,  that  may  be  granted  to  companies,  or  to 
individuals,  who  engage  in  the  manufacture  of  iron,  by  any  law  passed  by  the 
Legislature. 

Sec.  7.     That  the  parties  named  in  the  first  section  of  this  act.  are  hereby 
invested  with  the  right  to  organize  said  company,  and  that  this  charter  shall 
expire  at  the  expiration  of  ninety  years  from  the  passage  of  this  act. 
.  8.    This  act  shall  take  effect  from  its  passage. 

Approved  December  15th,  1863. 

CHAPTER   XX. 

AX  ACT  to  incorporate  the  Sequin  Mutual  Aid  Association. 

Section-  1.  Be  it  enacted  by  the  Legislature  of  the  Stale  of  Texas,  Tdat  the 
officers  and  members  of  the  Seguin  Mutual  Aid  Association,  as  now  organized, 
be  and  they  are  hereby  constituted  a  body  corporate  and  politic,  under  the 
name  and  style  of  "  The  Seguin  Mutual  Aid  Association,'-  and  by  that  name 
they  and  their  successors  are  declared  capable  in  law  of  suing  and  "being  sued, 
in  any  of  the  Courts  of  this  State,  of  holding  property,  real,  personal  and  mixed, 
of  selling  and  conveying  the  same  at  pleasure,  of  having  a  common  seal,  and  of 
doing  and  performing  whatever  may  be  proper  and  necessary  to  be  done  for 
the  conducting  of  a  general  mercantile  establishment,  not  contrary  to  the  con- 
stitution and  laws  of  this  State. 

Sec.  2.  That  the  officers  and  members  of  said  association  may  enact  such 
by-laws  for  their  government  as  they  may.  from  time  to  time,  deem  necessary 
and  proper,  and  shall  have  all  such  rights  and  privileges  as  are  by  law  incident 
to,  or  necessary  for,  corporations  of  a  similar  character;  and  that  this  act  take 
effect  from  and  after  its  passage,  and  slnll  continue  in  force  until  one  year  after 
the  close  of  the  war  between  the  Confederate  States  and  the  I'nited  State1. 

Approved  December  loth,  l6t>:i. 

CHAPTER  XXL 

AN  ACT  to  incorporate  the  Gonzales  Mutual  Aid  Association. 

Section  1.  Be  it  enacted  by  the  Legislature  vf  the  Slate  of  Texas,  That  the 
officers  and  members  of  the  Gonzales  Mutual  Aid  Association,  as  now  organized, 
be  and  they  are  hereby  constituted  a  body  corporate  and  politic,  under  the 
name  and  style  of  "  The  Gonzales  Mutual  Aid  Association,"  and  by  that  name 
they  and  their  associates  and  successors,  on  such  legal  terms  as  they  may  adopt 
for  the  purposes  herein  stated,  shall  be  a  corporate  body,  by  the  name  of  "  The 
Gonzales  Mutual  Aid  Association,"  and  in  that  name  shall  have  all  the  ordinary 
privileges  of  a  corporation. 

Skc.  2.    The  busincsg  of  the  Association  shall  be  to  furni'  i  -  iries  for  its 

members,  for  families  and  other  dependents  of  officers  and  soldiers  who  have* 
been,  or  may  be.  in  the  service  of  either  the  Confederate  or  State  Government, 
and  for  general  market,  at  prices  which  shall  not  exceed  the  aggregate  of  cost, 
and  twenty-five  per  centum  thereon,  allowing  for  current  rates  of  exchange, 

3.     For  accomplishing  said  objects,  the  association  may  trade  in  any 
suitable  manner. 


18 

Sec.  4.  The  capital  stock  may  be  one  hundred  and  twenty  thousand  dollars,. 
or  any  less  amount,  in  shares  of  one  hundred  dollars,  or  any  less  amount,  as  the- 
association  may  determine. 

Sec.  5.  This  act  shall  be  in  force  from  and  after  its  passage,  and  remain  h* 
force  for  twelve  months  after  the  ratification  of  a  treaty  of  peace  between  the- 
Confederate  States  and  the  United  States. 

Approved  December  15th.  1863. 

CHAPTER    XXII. 

AN  ACT  to  relieve  Joseph  A.  Black  from  the  disabilities  of  minority . 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  Joseph 
A.  Black,  of  Brazoria  county,  be  and  is  hereby  relieved  from  the  disability  of 
minority,  and  empowered  to  contract,  and  do,  and,  perform  all  acts,  as  it'  be- 
wer^  or  full  age  :  and  that  this  act  take  effect  and  be  in  force  from  and  after  it& 
pas?  ige. 

Approved  December  15,  1863. 

CHAPTER    XXIII. 

AN  ACT  to  authorize  the  Comptroller  to  issue  a  duplicate  ten  per 
cent.  Treasury  warrant. 

Section  1..  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Comptroller  is  hereby  authorized  to  issue,  to  the  original  parties,  a  duplicate 
ten  per  cent.  Treasury  warrant,  No.  1521,  of  date  March  19th,  1861 :  Provided,. 
the  same  has  not  already  been  returned  to  the  Treasury,  or  been  cancelled  and 
other  warrants  without  interest,  been  issued  in  lieu  thereof. 

Sec.  2.  That  before  the  Comptroller  issues  a  duplicate,  a  bond  shall  be  filed 
with  him,  conditioned  that,  in  the  event  of  the  original  being  presented,  the 
parties  shall  indemnify  the  State. 

Sec.  3.    That  this  act  take  effect  and  be  in  force  from  its  passage. 

Approved  December  15th,  18C3. 

CHAPTER    XXIV. 

AN  ACT  for  the  relief  of  Carey   Watson  and  his  assigns. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Commissioner  of  the  General  Land  Office  is  required  to  issue  a  patent  for  three 
hundred  and  twenty  acres  of  land  to  Carey  Watson,  or  his  assigns,  in  a  survey 
made  by  virtue  of  unconditional  certificate,  No.  42,  located  within  the  Mem- 
phis, El  Paso  and  Pacific  railroad  reservation,  in  the  same  manner  as  if  the 
field  notes  had  been  returned  within  twelve  months  after  the  date  of  survey  : 
Provided,  said  certificate  is  genuine,  and  that  the  file  for  the  appropriation  of 
said  land  was  made  before  the  date  of  reservation  of  said  land  from  location. 

Sec.  2.    That  this  act  take  effect  and  be  in  force  from  its  passage. 

Approved  December  15th,  18C3. 

CHAPTER   XXV. 

AN  ACT  to  ascertain  and  establish  the  dividing  line  bcliceen  Falls 

and  Limestone  counties. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the- 
Chief  Justice  of  Falls  county  be  and  is  hereby  authorized,  at  any  time  before- 
the  first  day  of  April,  1864,  to  appoint  one  commissioner  to  act  on  the  part  of 
said  county,  and  shall  immediately  notify  the  Chief  Justice  of  Limestone  county 


19 

of  snob  appointment.  Upon  the  receipt  of  such  notice,  it  shall  be  the  duty  of 
the  Chief  Justice  of  said  Limestone  county  to  appoint  a  like  commissioner,  to 
act  on  the  part  Of  Limestone  county.  The  two  commissioners  80  appointed 
shall,  within  one  month  after  their  appointment,  select  a  third  ;  and  the  tuiee, 
so  appointed  and  selected,  shall,  upon  the  first  day  of  June.  1804,  procure  said 
line  to  be  run  and  marked  by  such  competent  surveyor  as  they,  of  a  majority 
of  them,  may  select. 

Sec.  2.  In  order  to  ascertain  said  line,  said  commissioners  and  surveyor  shall 
commence  at  the  upper  corner  of  league  No.  5.  in  the  name  of  L.  B.  Franks,  on 
the  west  bank  of  the  Brazos  liver,  and  run  thence  north,  sixty  degrees  east, 
fourteen  miles  ;  thence  south,  thirty  degrees  east,  to  the  boundary  of  Robertson 
county. 

Sec.  3.  Should  said  line  not  be  run  and  marked,  as  provided  for  in  the  pre- 
ceding sections  in  this  act,  by  the  first  day  of  June,  18G4,  then,  and  in  that 
event,  the  line  heretofore  run  and  marked  by  Thomas  J.  Oliver,  District  Sur- 
veyor of  Robertson  Land  District,  (a  plat  and  field  note  of  which  are  on  file  in 
the  County  Clerk's  office  of  Limestone  county,)  shall  be  deemed  and  held  to  be 
the  true  and  established  line  between  said  counties,  unless  the  failure  to  have 
said  line  run  and  marked,  as  herein  provided,  by  the  first  day  of  June,  1864, 
shall  have  been  caused  by  the  neglect,  or  refusal,  of  the  Chief  Justice  or  com- 
missioner of  Limestone  county  to  co-operate  with  the  Chief  Justice  or  commis- 
sioner of  Falls  county. 

Sec.  4.  The  surveyor  herein  provided  for.  upon  completing  said  survey, 
shall  make  out  a  plat  and  the  field  notes  thereof,  in  duplicate,  and  deliver  a. 
copy  to  each  of  said  Chief  Justices. 

Sec.  5.  The  expenses  of  making  said  survey  shall  be  paid,  in  equal  propor- 
tions, by  each  of  said  counties. 

Sec.  (i.     This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  15th,  1SG3. 

CHAPTER   XXVI. 

AN-  ACT  to  provide  for  the  organization  of  McMallcn  comity,  and  io  attach  Hit 
same  to  the  Fourteenth  Judicial  District. 

^  Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  within 
sixty  days  from  the  passage  of  this  act,  or  so  soon  thereafter  as  practicable,  the 
Chief  Justice  of  Live  Oak  county  shall  order  an  election  to  be  held  in  the 
county  of  McMnllen  for  county  officers,  by  giving  at  least  twenty  days  notice 
of  the  time  and  places  of  holding  the  same,  and  designating  presiding  officers. 
The  presiding  officers  at  such  election  shall  swear  the  managers  and  shall  them- 
selves be  sworn  by  the  judges  ;  said  election  shall  be  governed  by  the  General 
Election  law ;  shall  be  returned  to  the  officer  ordering  the  same ;  and  said 
returns  opened  by  him  not  sooner  than  the  tenth,  nor  later  than  the  twentieth, 
day  after  said  election  ;  he  shall  is=ne  certificates  of  election  to  the  officers 
elected,  and  administer  to  the  Chief  Justice  elect  the  oath  of  office;  and  said 
Chief  Justice  shall,  immediately  thereafter,  administer  the  oath  of  office  to  the 
other  officers  elect  in  the  county,  shall  organize  the  County  Court  and  co  mplete 
the  <iualification  of  officers  and  the  organization  of  the  county,  and  make  a  return 
to  the  Secretary  of  State  of  the  names  of  the  officers  elected,  and  the  fact  of 
their  qualification,  certifying  thereto  under  his  hand  and  seal  of  the  Court. 

Sec.  2.  That  immediately  after  the  organization  of  the  County  Court,  said 
Court  shall  select,  not  exceeding  three,  places  suitable  for  a  county  seat,  within 
five  miles  of  the  centre  of  the  county,  having  due  respect  to  donations  or  other 
advantages,  and  shall  order  an  election  for  county  seat,  giving  at  least  twenty 
days  notice  thereof,  which  election  shall  be  conducted  under  the  General  Elec- 
tion laws,  and  the  returns  made  to.  and  opened  by,  said  Court,  on  the  tenth  day 
after  the  election.  The  place  receiving  a  majority  of  all  the  votes  cast  shall  be 
the  county  seat;  and.  if  neither  place  shall  receive  a  majority  of  all  the  votes 


cast,,  a  second  election  shall  be  immediately  ordered  between  the  two  places 
having  the  largest  namber,  in  the  same  manner  as  aforesaid  ;  and  the  final  result 
of  said  election  shall  be  entered  in  the  minutes  of  the  County  Court,  and  a 
decree  entered  by  them  declaring  the  result,  and  giving  the  Dame  adopted  by 
them  for  said  county  seat ;  a  copy  of  which  decree  shall  be  forwarded  to  the 
Secretary  of  State. 

Sec.  3.  The  County  Court  shall  have  the  power  to  acquire  ,by  donation, 
purchase,  or  otherwise,  land  for  a  county  site,  at  the  point  selected  as  herein 
provided,  not  to  exceed  three  hundred  and  twenty  acres;  or,  should  the  point 
selected  be  upon  vacant  public  domain,  then  the  State  hereby  relinquishes  the 
same,  not  to  exceed  three  hundred  and  twenty  acres,  to  such  county ;  and,  upon 
the  return  of  the  field  notes  thereof,  certified  as  correct  by  a  lawful  surveyor,  a 
patent  shall  be  issued  to  the  county  for  the  same ;  and  the  Court  shall  proceed 
to  lay  out  the  land,  acquired  under  this  act,  into  lots,  blocks,  and  streets,  setting 
apart  ground  for  public  purposes,  churches,  school-houses,  and  cemeteries  ;  and, 
after  giving  at  least  twenty  days  notice,  sell  the  same  at  such  times,  and  on 
such  terms,  as  said  Court  may  deem  best  for  the  interest  of  the  county.  The 
proceeds  of  all  such  sales  shall  be  appropriated  exclusively  to  the  erection  of 
public  buildings.  Should  all,  or  any  portion,  of  said  lots  be  sold  on  a  credit, 
the  county  shall  hold  a  lien  on  the  same,  to  secure  payment  or  reversion  of  the 
land  to  the  county,  in  case  of  non-payment. 

Sec.  4.  That  said  county  of  McMullen,  until  organized,  shall  be  attached  to 
Live  Oak  county  for  judicial,  revenue  and  military  purposes,  and,  when  organ- 
ized, shall  be  attached  to  the  fourteenth  judicial  district.  All  laws  and  parts  of 
laws,  conflicting  with  the  provisions  of  this  act,  are  hereby  repealed  ;  and  this 
act  shall  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  15th,  1863. 

CHAPTER   XXVII. 

AN  ACT  to  incorporate  the  Comal  Oil  Company. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Slate  of  Texas,  That  Herman 
Iken  and  his  associates,  and  successors,  be  and  they  are  hereby  crealed  a  body 
corporate  and  politic  by  the  name  of  "The  Comal  Oil  Company,"  with  power 
to  sue  and  be  sued,  plead  and  be  impleaded,  to  acquire,  bold  and  convey  prop- 
erty, real  and  personal,  to  have  succession,  and  a  common  seal,  and  do  such 
other  things  as  are  necessary  to  carry  out  the  purposes  of  this  act. 

Sec.  2.  The  said  corporation  shall  have  power  to  erect  and  use  buildings 
and  machinery  for  the  manufacture  of  oils,  and  of  such  other  useful  articles  as 
shall  not  be  prohibited  by  law  :  Provided,  That  said  property  shall  never  exceed 
in  value  one  hundred  thousand  dollars. 

Sec.  3.  The  capital  stock  of  said  company  shall  consist  of  shares  of  five  hun- 
dred dollars  each,  which  may  be  issued  to  the  number  of  two  hundred,  the 
shareholders  shall  make  by-laws  for  the  government  of  the  affairs  of  the  com- 
pany, and  create  such  board  of  management  as  they  think  proper. 

Sec.  4.  That  this  act  take  effect  from  its  passage,  and  continue  in  force  for 
twenty  years. 

Approved  December  loth,  1863. 

CHAPTER    XXVI II. 
AN  ACT  to  incorporate  the  East  Texas  Manufacturing  Company. 

Section  1 .  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  William 
M.  Freeman.  Asa  W.  Wright.  Martin  D.  Rogers,  Bailey  Johnson,  John  Wilkes, 
M.  F.  Locke,  and  S.  W.  Beasley,  and  their  associates,  be  and  they  are  hereby 
incorporated  a  body  politic,  under  the  name  and  style  of  "The  East  Texas 
Manutactuiing  Company."  for  the  purpose  of  manufacturing  cotton  and  woolen 


21 

goods,  spinning  of  thread,  and  other  fabrics  for  home  or  public  use,  and  to  per- 
form all  other  acts  and  things  necessary  to  the  successful  prosecution  of  the 
objects  of  the  association,  to  hold  real  and  personal  property,  to  sue  and  be 
sued,  plead  and  be  impleaded,  and  take  all  other  legal  ways  and  means  to  carry 
out  the  objects  of  said  corporation. 

Sec.  2.  The  capital  stock  of  said  company  shall  not  exceed  the  sum  of  two 
hundred  thousand  dollars,  and  may  be  invested  in  any  way  best  calculated  to 
insure  the  successful  prosecution  of  the  business  of  the  company,  who  shall 
have  the  right  to  locate  their  manufactory  at  any  point  not  over  one  hundred 
miles  from  the  town  of  Jefferson,  in  Marion  bounty,  in  this  State.  The  parties 
named  and  appointed  by  this  act,  are  hereby  invested  with  the  rights  and  power 
of  directors,  until  directors  are  elected  or  chosen  by  the  stockholders,  when  the 
power  of  said  directors  shall  cease. 

Sec.  3.  When  twenty-five  thousand  dollars  of  the  capital  stock  is  subscribed 
on  the  books  of  the  company,  the  directors  shall  proceed  to  organize  said  com- 
pany by  calling  the  stockholders  together  and  dividing  the  capital  stock  into 
shares  of  one  hundred  dollars,  each  share  entitling  the  owner  thereof  to  one 
vote,  by  himself  or  by  written  proxy  ;  any  stockholder  may  transfer  his  or  her 
stock  in  writing,  properly  attested,  which  may  show  that  the  stock  has  changed 
hands. 

Sec.  4.  The  government  of  the  affairs  of  said  company  shall  be  vested  in  a 
board  of  five  directors,  a  majority  of  whom  shall  constitute  a  quorum  for  the 
transaction  of  business  ;  the  stockholders  shall  elect  one  of  their  number  presi- 
dent of  the  company.  The  directovs  shall  give  at  least  ten  days  notice  to  each 
stockholder  of  the  time  and  place  of  election  of  new  directors  and  president, 
who  shall  be  chosen  from  among  the  stockholders,  and  hold  their  office  for  two 
years,  and  have  the  power  to  till  any  vacancy  that  may  occur  in  their  board, 
until  the  next  regular  election  ;  they  shall  also  have  power  to  appoint  such 
other  officers  as  they  may  find  to  be  necessary,  and  require  bonds  for  the  faith- 
ful performance  of  their  several  duties  ;  the  books  of  said  company  shall  be 
open  to  inspection  of  the  stockholders  at  all  limes. 

Sec.  ,r>.  The  board  of  directors  shall  be  convened  by  the  president,  who 
shall  preside  at  all  meetings  of  the  board  and  stockholders,  and,  in  his  absence, 
a  president  pro  tern,  may  be  elected 

Sec.  (1.  Any  stockholder  failing  or  refusing  to  pay  in  his  stock,  or  any 
instalment,  after  ninety  days  notice  from  the  directors,  without  good  cause 
shown.  said  stock  shall  be  forfeited  to  the  company,  together  with  all  instal- 
ments previously  paid  ;  no  stockholder  shall  be  liable  for  any  debt  or  liability 
of  said  company  for  more  than  the  amount;  of  stock  subscribed  by  him. 

Sec.  7.  The  rights,  powers,  privileges,  and  immunities,  hereby  granted  and 
conferred  under  this  act.  shall  remain  in  force  for  the  term  of  twenty-five  years. 

Sue.  8.     This  act  shall  take  effect  ffOffl  and  after  its  passage. 

Approved  December  15th,  LfcS63. 

CHAiPTER    XXIX. 

AN  ACT  to  incorporate  //'/•'  Paluiby  and    Hraz<><  Sulphur,  Nitrt 

and  Powder  MdnujfhcturiHg  Company. 

Section  1.     /.  ed  by  the  Legislatvre  of  tht.  ,ii'.i!e  of  Te.tas,  That  John 

M.  McKeynolds,  13.  O.  McRejnolds,  Shelby  Sfcanfield,  Jackson  berry,  David 
McPhail,  George  Martin,  Edward  Pugh,  AA&  M.  Wright,  and  .Martin  L>.  Rogers, 
and  their  associates  and  successors,  be  and  the  Bathe  are  hereby  declared  and  con- 
stituted a  body  politic,  under  the  name  a;id  style  ol  "The  1'aluxy  and  Brazos 
Sulphur,  Xittf  and  Ponder  Manufacturing  Company, "  with  capacity  to  own 
property,  both  real  and  personal,  to  make  contracts,  to  have  BUCOflfMnon  and  a 
common  seal,  to  make  by-laws  for  it-  government,  and.  in  its  corporate  name, 
to  sue  and  be  sued,  to  srrant  and  ad  generally  to  do  and  perform  such 

acts  and  things  peceecary  and  proper  for,  and  incident  to.  the  fulfilment  of  its 


22* 

objects,  or  maintenance  of  its  rights  under  Ihis  act,  and  consistent  with  the 
provisions  of  the  constitution  of  the  State  of  Texas. 

Sec.  2.  That  the  said  company  be  and  is  hereby  established,  with  the  right 
to  erect,  own,  maintain  and  operate  a  Nitre,  Sulphur  and  Powder  Manufactory, 
and  other  articles  of  a  like  nature,  and  derivable  from  ores,  or  earths,  contain- 
ing nitre,  sulphur,  or  their  acids,  separately  or  conjointly,  at  such  place  or 
places  as  said  company  may  elect. 

Sec.  3.  That  the  capital  stock  of  said  company  shall  be  divided  into  shares 
of  one  hundred  dollars  each  ;  and  the  holders  of  said  shares  shall  constitute 
said  company;  and  said  capital  stock  shall  not  exceed  fifty  thousand  dollars. 

Sec.  4.  That  the  affairs  and  business  of  said  company  shall  be  conducted  by 
a  board  of  directors,  not  less  than  three  nor  more  than  five,  who  shall  be  elected 
by  the  stockholders  at  their  organization  under  this  act.  and  annually  thereafter  : 
Provided,  That  in  case  of  failure  to  elect  at  the  stated  time,  or  times,  that  the 
board  of  directors  incumbent  shall  continue  in  office  until  there  be  an  election, 
the  time  for  which  may  be  fixed  by  said  board,  whereof  reasonable  notice  shall 
be  given. 

Sec.  5.  That  no  person  shall  be  eligible  as  a  director,  unless  he  be  a  member 
of  the  company.  The  said  board  shall  elect  a  president  from  their  number,  fill 
vacancies,  and  appoint  such  officers  as  they  may  deem  necessary,  and  require 
security  for  faithful  performance  of  their  respective  duties  ;  also,  prescribe  the 
time  for  payment  of  instalments  and  assessments  on  stock,  and  to  declare  tbe 
forfeiture  of  for  nonpayment  of  stock  ;  and  to  do  generally,  or  cause  to  be 
done,  all  other  acts  and  things  which  they  shall  deem  proper  in  conducting  the 
business  of  said  company  ;  a  majority  of  the  board  of  directors  shall  constitute 
a  quorum  to  do  business. 

Sec.  6.  That  the  parties  named  in  this  act  are  hereby  appointed  commis- 
sioners and  invested  with  the  right  of  organizing  said  company,  and  that  this 
charter  shall  expire  at  the  end  of  twenty-five  years  from  the  passage  of  this  act ; 
and  for  that  period  the  commissioners,  or  their  associates  and  successors,  named 
in  this  act,,  shall  have  the  right  to  work  and  operate  any  mine  or  mines,  cave  or 
■caves,  reserved  to  the  State,  free  from  charge,  let,  or  hindrance,  on  the  part  of 
the  State  of  Texas. 

Sec.  7.     That  this  act  take  effect  from  an  Apfter  the  date  of  its  passage. 

.Approved  December  15th,  1863. 


CHAPTER   XXX. 

AX  A<T  to   authorize  the    Comptroller  of  the   State  to   issue  to  A.  B.  Cromer 

duplicate  ten  per  cent.  Treasury  warrants. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
Comptroller  be  and  he  is  hereby  authorized  to  issue  to  A.  R.  Crozier  duplicates 
for  the  ten  per  cent.  Treasury  warrants  No.  3163,  dated  July  22d,  1861,  and 
Nos.  3S35  and  3837,  dated  October  22d,  1861. 

Sec.  2.  That  said  Crozier  shall  be  required  to  produce  evidence  to  the 
satisfaction  of  the  Comptroller,  that  he  is  the  just  and  rightful  owner  of  said 
warrants,  and  that  he  has  not  sold,  transferred  or  assigned  the  same  ;  aDd  shall 
also  execute  and  file  with  the  Comptroller  a  bond,  in  double  the  amount  of  the 
warrants,  with  two  or  more  good  and  sufficient  sureties,  to  indemnify  the  State 
against  any  other  claim  that  may  be  set  up  against  tbe  State  on  account  of  said 
warrants. 

Sec.  3.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  15tb,  1863. 


23 

XXXI. 
^AN  ACT  to  incorporate  the  Hempstead  Manufacturing  Company. 
Section  1.  B"  it  enacted  by  the  Legisldhlre  of  the  State  of  Texas,  That  U.S. 
Hubby,  A.  \  Vise  and  W.  W.  Williams,  of  the  State  of  Texas,  their  associates 
Mid  successors  be.  imd  are  hereby  constituted  and  declared  to  be  a  body  politic 
and  corporate,  uuder  the  name  and  style  of  the  Hempstead  Manufacturing 
Company,  with  capacity  to  own  propeity,  real  and  personal,  not  exceeding 
three  hundred  thousand  dollars  in  value  ;  make  contracts  ;  to  have  succession  ; 
a  common  seal  ;  to  make  by  laws  for  its  government,  and,  in  its  corporate 
name,  sue  and  be  sued  j  to  grant  and  receive,  and  generally  to  do  and  perform 
such  acts  and  things  as  may  be  necessary  and  proper  for,  or  incident  to,  the 
fulfillment  of  its  objects,  or  maintenance  of  its  rights,  under  this  act.  and  con- 
sistent with  the  provisions  of  the  State  Constitution. 

Sec.  2.  That  the  said  company  be,  and  is  hereby  established,  with  the  right 
to  erect,  own,  maintain  and  carry  on.  an  establishment  for  the  manufacture  of 
wool  rolls,  blankets,  woolen  and  cotton  cloth,  spinning  jinnies,  spinning 
wheels,  looms,  reels,  fire-arms  and  other  articles  of  prime  necessity,  separately 
or  conjointly,  at  Hempstead,  or  such  place,  or  places,  as  said  company  may 
select  ;  that  said  company  also  have  the  privilege  of  running  a  Grist  Mill  in. 
connection  with  the  above  mentioned  business,  when  it  does  not  interfere  with 
the  successful  operation  of  the  manufacturing  department. 

Sec.  3.  That  the  parties  named  in  this  act,  are  hereby  invested  with  tho 
right  of  holding  as  many  wagons  and  teams  as  may  be  necessary  to  carry  on 
the  successful  operation  of  said  manufactory. 

Sec.  4.  Be  it  further  enacted,  That  said  company  be  allowed,  for  the  successful 
prosecution  of  said  business,  the  following  named  competent  hands,  to-wit : 
A.  Gurbmett  (engineer),  A.  Oswald  (blacksmith),  David  Myers  (wood-workman), 
William  Wolf  (weaver),  A.  Lendeman  (wood-workman),  W.  C.  Harney  (wood- 
workman),  and  all  other  hands  which  they  may  employ  in  said  factory,  to  be 
exempt  from  military  duty  so  long  as  they  shall  be  employed  in  said  manu- 
factory, and  so  long  as  said  factory  shall  turn  out  a  reasonable  number  of 
the  articles  herein  mentioned,  aud  are  not  sold  for  more  than  seventy-five  per 
cent,  above  cost. 

Sec.  5.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage, 
and  remain  in  force  for  20  years. 
Approved  December  16th,  lbGo. 

CHAPTER  XXX  II. 

A*N  ACT  for  the  relief  of  flii  hef,r&  of  Miron  B.  Crawford. 

Section  1.  Be  it  enacted  hy  the  Legislature  of  the  Stale  of  Texas.  That  the 
■Commissioner  of  the  General  Land  Office  be,  and  he  is  hereby  authorized  and 
required,  to  issue  to  the  heirs  of  Miron  D.  Crawford,  deceased,  a  certificate  for 
three  hundred  and  twenty  acres  of  land,  which  said  certificate  may  be  located 
and  surveyed  u  other  genuine  certificates, 

Seo.  2.     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  ltith.  , 

CHAPTER  XXXIII. 

AN  ACT  to  incorporate  th    Snmt  Manufacturing  Company. 

^  Eta  nos  1.     Be  U  enacted  by  0  v  0f  Texas.  That  Francis 

P.  wood,  of  Brazos  county,  Charles  Cooper  and  Henry  E.   Lockets,  ol  Wash- 
ington county.  R.  II.  Taylor,  of  IJonham.  State  of  Texas,  and  Thomas  F.  Lock* 
f'f  the  State  of  Missouri,  and   the  rs,  be,  and  they  are 

hereby  declared  to  be  a  body  corporate  and   politic,  under  the  name  and  stvle 
of  the   Brazoa  Manufacturing  Company,  with  capaeitv  to  make  contracts  :*  to 


24 

have  succession  and  a  common  seal  ;  to  make  by-laws  for  the  government  and 
regulation  ot  its  affairs,  and  in  said  corparate  name  to  sue  and  be  sued  ;  to  buy, 
receive  and  possess  moveable  and  immoveable  property,  and  to  sell,  alienate 
and  dispose  of  the  same,  and  generally  to  do  and  perform,,  all  such  acts  and 
things  as  may  be  necessary  and  proper  for,  or  incident  to,  the  fulfillment  of  its 
objects,  or  the  maintenance  of  its  rights  under  this  act,  and  consistent  with 
the  Constitution  of  this  State.  * 

Sec.  2.  The  said  Company  shall  have  the  right,  power  and  authority  to  own, 
erect,  establish,  maintain  and  operate,  machinery  and  buildings,  with  all  neces- 
sary fixtures,  on  the  Brazos  river,  or  its  tributaries,  for  the  manufacture  of 
cotton  and  woolen  goods  or  such  other  articles  as  said  company  may,  at  any 
time,  choose  to  manufacture. 

Sec.  3.  The  capital  stock  of  said  Company  shall  be  not  less  than  one  million, 
nor  more  than  two  million  dollars,  to  be  divided  into  shares  of  one  thousand 
dollars  each,  and  the  holders  of  said  shares  shall  constitute  said  company,  and 
each  member  shall  be  entitled  to  one  vote  in  person,  or  by  written  proxy,  for 
each  and  every  share,  he,  or  she  may  own  upon  the  books  of  the  company,  and 
under  such  rules  and  regulations  as  may  be  from  time  to  time  prescribed  by 
the  by-laws  of  said  company. 

Sec.  4.  The  capital  stock  of  the  said  company  shall  be  transferable  only 
upon  the  books  of  said  company,  in  such  a  manner,  and  subject  to  such  regula- 
tions, as  a  majority  of  the  stockholders  may  from  time  to  time  prescribe. 

Sec.  5.  All  the  corporate  powers  of  the  company  shall  be  exercised  by  a 
board  of  directors,  composed  of  not  less  than  three,  nor  more  than  nine  stock- 
holders, to  be  elected  on  the  first  Tuesday  in  January,  of  each  year,  at  the 
office  of  the  said  company,  Provided,  The  first  election  may  be  held  in  the 
town  of  Washington,  immediately  after  the  organization  of  the  said  company, 
and  the  board  so  elected,  shall  continue  in  office  until  the  first  annual  election 
thereafter,  and  until  their  successors  are  elected  ;  in  all  elections  those  persons 
who  shall  receive  a  plurality  of  votes,  shall  be  considered  elected,  and  in  case 
of  failure  to  elect  at  the  stated  time,  the  board  of  directors,  then  in  office,  shall 
continue  until  the  next  annual  election. 

Sec,  C.  The  Board  of  Directors  shall  elect  a  President  from  their  number, 
fill  vacancies,  and  appoint  such  other  officers  and  agents  as  they  may  deem 
necessary,  and  remove  the  same  at  pleasure,  and  require  security  for  the  faith- 
ful performance  of  their  duties  ;  said  board  shall  also  prescribe  the  time  for 
the  payment  of  instalments  or  assessments  upon  stock,  and  the  amounts  of  such 
assessments  and  instalments  ;  shall  have  the  right  to  declare  the  forfeiture  of 
such  stock  for  non-payment,  and  do,  or  cause  to  be  done,  all  other  acts  and 
things,  which  they  may  deem  necessary,  or  proper,  in  conducting  the  affairs  of 
the  company.  A  majority  of  said  Board  of  Directors  shall  constitute  a  quorum 
for  doing  business,  and  the  board  shall  have  the  right  to  appoint  a  Vice-Presi- 
dent from  their  number,  to  act  in  case  of  the  absence  of  the  President. 

Sec.  7.  All  instruments  of  writing  executed  by  the  President,  or  in  his 
absence,  by  the  Vice  President,  and  by  the  Secretary,  under  the  Heal  of  the 
company,  with  the  consent  of  the  board  of  directors,  shall  be  valid  and  binding 
on  the  company. 

Sec.  8.  This  act  shall  take  effect  and  be  in  force  from  and  after  its  passage, 
and  continue  twenty-five  years,  Provided,  That  no  benefits  shall  accrue  under 
the  provisions  of  this  act,  unless  the  manufactory  shall  be  put  in  successful 
operation  within  three  years  from  the  passage  of  this  act. 

Approved  December  lGth,  1863. 

CHAPTER  XXXIV. 

AN  ACT  for  the  relief  of  theTonkaway  Indians. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
sum  of  twenty  Ihousand  dollars,  or  so  much  thereof  as  may  be  necessary,  is 


25 

hereby  appropriated  out  of  any  funds,  not  otherwise  set  apart.,  in  the  Treasury, 
for  the  support  of  the  Tonkaway  Indians. 

Sec.  2.  That  the  sum  herein  appropriated,  is  for  the  purpose  of  enabling  a 
settlement  of  the  accounts  of  the  officers  of  the  Frontier  Regiment,  who  have 
furnished  provisions  to  said  Indians  since  the  23d  day  of  August,  18C3  ;  and  to 
provide  for  the  purchase  of  provisions  and  blankets  for  said  Indians,  until  such 
time  as  they  may  be  provided  for  by  the  Confederate  States  Government. 

Sec.  o.  That  while  these  [ndiaas  remain  in  Texas,  and  remain  unprovided 
for  by  the  Confederate  States,  the  Governor  be  authorized  to  have  the  warriors 
employed  on  the  frontier,  with  the  frontier  organization,  at  the  same  rate  of 
pay  allowed  to  the  State  organization;  and  that  this  act  take  effect  from  its 
passage. 

Approved  December  D'tii,  1863. 

CHAPTER  XXXV. 

AN  ACT  for  (he  relief  of  James  P.  Dumas. 

Section  I.  Be  it  enacted  by  (he  Legislature  of  the  State  of  Texas,  That  the 
Comptroller  of  the  State  be  authorized  and  required,  to  audit  the  claims  of 
James  P.  Dumas,  for  beef  furnished  the  regiment  of  State  Troops  under  the 
command  of  Col.  Wm.  C.  Young,  in  the  year  1861,  and  that  he  allow  the  said 
Dumas  the  amount  due  him  on  the  contract  made  with  the  Quartermaster  of 
said  regiment. 

Sec.  2.  That  the  sum  of  three  thousand,  three  hundred  and  twenty-five 
dollars  and  sixty-three  cents.  Confederate  Treasury  notes,  or  so  much  thereof  as 
may  be  necessary,  is  hereby  appropriated  out  of  any  moneys  in  the  Treasury, 
not  otherwise  set  apart,  to  pay  the  said  Dumas,  when  his  claim  has  been  settled 
by  the  Comptroller,  as  herein  provided,  and  that  this  act  take  ert'ect  from  it? 
passage. 

Approved  December  liith.  1863. 

CHAPTER  XXX VI. 

AN  ACT  to  incorporate  the  Tort  Sulliran  Mate  and  Female  Coll 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  qf  Texas,  That  W. 
11.  White,  J.  G.  Hanna.  C.  0.' Barton,  D.  Cole,  F.  M.  Hale,"  J.  C.  Levingstcn. 
i  atman,  K.  J.  Davis,  J.  Fmguson,  JI.  A.  foster  and  (\  C.  Wilcox,  and  their 
successors  in  office,  be,  and  are.  hereby  constituted  a  board  of  Trustees  for  the 
Male  and  Female  College,  established  at  Port  Sullivan,  in  the  county  of  Milam, 
and  State  of  Texas,  and  which,  by  this  act,  is  incorporated  by  the  name  and 
>tyle  of  the  "  Port  Sullivan  Male  and  Female  College,"  with  perpetual  succes- 
sion for  thirty  years,  and  by  which  name  may  sue  and  be  sued,  plead  or  be  im- 
pleaded, buy  and  Bell  property,  real,  personal  or  mixed  ;  may  have  a  common 
seal,  and  do  and  perform  any  aud  all  ads.  that  may  be  necessary  to  carry  out 
.  revisions  of  this  act,  for  the  beneGt  of  said  college,  and  may  establish  such 
rules  and  regulations,  tor  the  government  of  the  same,  as  they  may  deem  neces- 
and  which  may  not  be  inconsistent  with  the  constitution  aiid  laws  of  the 
B,  or  of  the  Confederate  States,  and.  in  short,  may  do  and  per- 
torm  all  other  acts  incident  to  similar  institutions,  lor  the  benefit  of  the  same. 

Sec  2.  Said  college  may  have  a  male  and  female  department,  in  which  may 
be  taught  all  branches  of  education  taught  in  'such  Institutions,  to  which 
may  be  added  a  military  department,  in  which  the  BOienoe  of  war  shall  be 
taught,  at  the  discretion  of  the  body  politic. 

Sec.  3.  Said  board,  and  their  successors  in  office,  shall  Lave  power  to  receive, 
as  donations,  or  otherwise,  any  lands,  tenements,  moneys,  rents,  goods,  chatties 
or  effects,   that  may  be  given,  grauted,  donated  or  devised  to  sail  college,  foi 


2() 

the  purpo^?  of  education,  not  to  exceed  in  value,  exclude  of  tbe  college 
grounds  and  buildings,  fire  hundred  thousand  dollars. 

Sec  4.  The  before  mentioned  trustees  shall  have  power  to  regulate  their 
own  time  of  serviee,  not  to  exceed  two  years  at  any  one  time,  wubout  re-election 
by  the  stockholders,  or  body  hereby  incorporated  ;  they  shall  have  power  to 
employ  all  necessary  profe-sors,  tutors  and  teachers,  to  confer  degrees,  aud  to 
do  any  and  every  act  usually  done  in  similar  institutions,  not  inconsistent  as 
hereinbefore  provided. 

Sec.  5.  All  the  ads  and  doings  of  the  board  of  trustees,  heretofore  had 
and  performed,  in  reference  to  said  college,  is  hereby  legalized  and  held  as 
valid  and  obligatory  :  Provided,  That  the  same  be  not  inconsistent  to  the  exist- 
ing laws  of  the  State. 

Sec.  6.     This  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  16th.  1863. 


CHAPTER  XXXVII. 
AN  ACT  to  incorporate  Chappell  Hill   Manufacturing  Company. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  William 
W.  Browning,  Bryant  L.  Peel,  James  F.  Dumble,  Gabriel  Felder,  Charles  G. 
Young,  Alexander  McGowen.  James  F.  Harvey  and  S.  W.  Sims,  aDd  their 
associates  and  successors  in  office,  be,  and  are,  hereby  created  into  a  body  cor- 
porate aud  politic,  for  the  purpose  of  manufacturing  woolen  and  cotton  cloths, 
•cotton  seed  oil  and  iron,  under  the  name  and  title  of  the  ■'  Chappell  Hill 
Manufacturing  Company,"  and  in  this  name  and  style  shall  have 'full  power  to 
sue  and  be  sued,  plead  and  be  impleaded  and  to  do  and  perform  all  other  acts 
and  exercise  all  the  rights  and  privileges,  and  be  endowed  wiih  all  tLe  power 
incident  to  corporations. 

Sec.  2.  That  the  capital  stock  of  said  company  shall  be  the  amount  actually 
paid  in  by  the  stockholders,  at  any  time.  Provided.  That  the  capital  stock  shall 
not  exceed  one  million  of  dol'ars,  and  shall  consist  of  all  its  property,  real, 
personal  or  mixed,  choses  in  action,  franchizes  or  rights  to  property  inchoate  or 
perfected,  and  shall  be  divided  into  shares  of  one  hundred  dollars  each  and  be 
deemed  and  considered  in  law  personal  property  and  estate,  and  be  transferable 
by  any  conveyance  in  writing,  recorded  by  tbe  proper  officer  of  said  company, 
in  books  to  be  kept  for  that  purpose  at  its  office. 

Sec.  3.  That  the  above  named  incorporators  shall  be,  and  are,  hereby  con- 
stituted a  provisional  board  of  directors,  a  majority  of  whom  shall  consitute  a 
quorum,  and  shall  have  power  to  open  books  for  subscription  to  the  capital 
stock  of  the  company,  and  as  soon  as  it  shall  be  ascertained  that  fifty  thousand 
dollars  shall  have  been  subscribed,  they  shall  call  a  meetiDg  of  the  stockholders 
who  shall  organize  the  company  by  "the  election  of  a  new  board  of  directors, 
and  this  corporation  shall  go  into  operation.  The  new  board  of  directors,  and 
their  successors  in  office,  shall  be  authorized,  at  their  discretion,  to  increase  the 
capital  stock  from  time  to  time,  by  receiving  new  subscriptions,  until  the  amount 
of  one  million  shall  have  been  subsciibed,  as  provided  in  section  two  of  this 
charter.  The  board  of  directors  shall  be  authorized  to  fix  the  instalments  upon 
subscriptions,  and  determine  the  times  and  manner  of  payment,  all  of  which 
may  be  changed  from  time.to  time,  at  their  discretion  ;  they  shall  be  authorized 
to  receive,  in  payment  of  stock.  Confederate  Treasury  notes,  or  bonds,  or  any 
kind  of  property,  upon  such  terms  as  they  may  deem  proper. 

Sec.  i.  That  the  business  of  the  company  shall  be  conducted  by  a  board  of 
seven  directors,  who  shall  be  stockholders,  four  of  whom  shall  constitute 
a  quorum.  The  directors  shall  be  elected  by  the  stockholders,  each  share  being 
entitled  to  one  vote,  which  may  be  given  in  person  or  by  proxy.  The  election 
for  directors  shall  be  held  by  the  commissioners  selected  by  the  stockholders  for 
that  purpose.     The  first  board  elected  shall  hold  their  office  until  the  first  Mon- 


27 

day  in  October.  l$r>  1.  The  elections  for  directors  shall  be  held  on  that  day,  and 
annually  thereafter  on  the  first  Monday  in  October  in  each  year  :  but  a  failure 
to  hold  the  elec'ion  shall  not  dissolve  the  corporation,  but  the  board  in  office 
shall  continue  in  office  until  their  sucee'sors  are  elected.  A  majority  of  the 
stock  subscribed  shall  be  necessary  to  hold  the  first  election  for  directors.  At 
the  subsequent  and  annual  elections,  the  stock  present  and  represented  shall  be 
competent  to  elect  Any  vacancy  occurring  during  the  time  for  which  directors 
are  elected  to  serve,  may  be  filled  by  a  vote  of  the  board.  All  elections  for 
directors  shall  take  place  at  the  office  of  the  company. 

Sec.  5.  That  the  office  of  the  company  shall  be  at  Chappell  Hill,  until  such 
time  as  the  company  shall  have  procured  a  location  for  their  principal  manu- 
factory, and  an  office  for  the  transaction  of  its  business  at  said  location,  when, 
it  shall  be  removed  to  and  fixed  at  the  place  where  said  factory  shall  be  located. 

Sec  ().  That  the  board  of  directors  shall,  at  their  first  meeting  after  their  own 
election,  elect  a  President  and  Secretary,  and  fix  their  salaries,  which  shall  not 
be  increased  during  the  time  (or  which  they  shall  have  been  elected.  The 
board  of  directors  shall  have  power  to  remove  their  officers  at  their  pleasure, 
aud  elect  others  in  their  place.  The  president  of  the  company  is  the  officer 
designated  as  the  one  on  whom  legal  service  of  all  process  or  citation  shall  be 
made,  and  the  company  shall  be  bound  by  service  of  process  or  citation, 
whether  made  on  the  president  in  person,  or  left  to  his  address  at  the  office  ot 
the  company,  at  its  office  in  the  hands  of  any  of  its  officers. 

Sec.  7.  That  the  chief  officer,  agents  and  superintendents,  shall  be  exempt 
from  jury  service,  and  the  buildings,  machinery,  tools  and  materials,  lands  and 
slaves,  and  other  property,  used  or  to  be  used,  in  manufacturing  things  needed  by 
the  army  or  people,  together  with  cotton  designed  for  exportation,  and  the  team- 
and  hands  employed  ia   its  transportation,  shall  be  exempt  from  impressment. 

Sec.  8.  Be  it  further  enacted.  That  the  president  and  directors  may  make 
"by-laws  to  regulate  the  issue  of  stock  curtificates,  the  declaring  and  paying 
of  dividends,  and  for  the  pioper  and  regular  transaction  of  business,  and  may 
repeal,  change,  alter  or  amend  the  same,  at  any  time  they  may  deem  proper. 

5BC.  0.  Be  it  further  enacted.  That  the  president  and  directors  shall  keep  a 
record  of  the  proceedings  of  their  own  meetings,  and  of  the  meetings  ot  the 
stockholders,  and  accurate  book*  of  accounts  of  all  the  receipts  and  expendi- 
tures, to  show  the  condition  of  the  company,  and  a  registry  of  the  issue  and 
transfer  of  all  certificates  of  stock,  which  books  and  accounts  shall  be  open  at 
all  times  to  the  examination  of  the  stockholders.  All  transfers,  contracts  and 
conveyances,  made  in  pursuance  of  a  vote  of  a  majority  of  said  board  of 
directors,  executed  in  writing,  and  signed  by  the  president,  and  countersigned 
by  the  secretary,  shall  be  valid  and  binding  in  law.  and  have  the  same  force 
and  effect  as  if  done  by  a  natural  person.  The  president  and  directors  shall  be 
authorized  to  mortgage  the  property  of  the  company  to  secure  the  payment  of 
money  borrowed,  or  any  deb's  contracted  by  the  company. 

Sec.  10.  That  this  charter  maybe  altered  or  amended,  from  time  to  time, 
by  the  Legislature  of  the  State  of  Texas,  upon  the  petition  of  stockholders, 
holding  or  representing  two-thirds  of  the  capital  stock  of  the  company,  setting 
forth  the  nature  ol  the  changes,  or  amendments  desired. 

Sec.  11.  That  this  act  shall  take  effect  from  and  after  its  passage,  and  con- 
tinue in  effect  twenty-live  years. 

Approved  December  16th,  1663. 

OHAPTBB  XXXVIII. 

AN  ACT  to  incorporate  the  Bastryjtp  Iron  Manufacturing  Company. 
Section  1.     B"  it  cnartnt  by  r  ■    /,.  ,.;.<■', ff„rr  0f  the  State  of  Te.rn.t,  Thai  A.  YV. 
Moore,  James  II.  Gillespie,  David    L.  McNeil.    Jame*<    K.  Nichols.  Henry    M 
DeChaums,  Napoleon  1!.  Tanner.   Kenner  K.    Rector,  Nelson  Rector,  and  their 
associates  and  successors,  be.  and  they  are,  hereby  constituted  and  declared  a 


28 

body  politic  and  corporate,  under  the  name  and  stjle  of  the  "Bastrop  Iron 
Manufacturing  Company,"  witL  capacity  to  own  property,  real  and  personal  ; 
make  contracts  ;  to  have  succession  ;  a  common  seal ;  to  make  by-laws  for  its 
government,  and  in  its  corporate  name,  sue  and  be  sued  ;  to  grant  and  receive 
and  generally  to  do  and  perform,  such  acts  and  things  as  may  be  necessary  and 
proper  for,  or  incident  to,  the  fulfillment  of  its  objects,  or  maintenance  of  its 
rights,  under  this  act,  and  consistent  with  the  provisions  of  the  State  Constitution. 

Sec.  2.  That  the  said  company  be,  and  is  hereby  established,  with  the  right 
to  erect,  own,  maintain  and  operate,  an  Iron  Manufactory,  including  pig  or  bar 
iron,  or  derivable  from  the  ores  of  iron  separately  or  conjointly,  at  such  place, 
or  places,  as  said  company  may  elect. 

Sec.  3.  That  the  capital  stock  of  said  company  shall  be  divided  into  share9 
of  one  thousand  dollars  each,  and  the  holders  of  said  shares  shall  constitute 
said  company,  and  said  capital 'stock  shall  not  exceed  two  hundred  thousand 
dollars. 

Sec.  4.  That  the  affairs  and  business  of  said  company,  shall  be  conducted  by 
a  board  of  directors,  not  less  than  three  nor  more  than  five,  who  shall  be  elected 
by  the  stockholders,  at  such  time  as  may  be  appointed,  and  annually  thereafter, 
Provided,  That  in  cases  of  failure  to  elect  at  the  stated  time,  the  board  of 
directors  incumbent,  shall  continue  in  office  until  there  be  an  election,  the  time 
for  which  may  be  fixed  by  said  board,  whereof  reasonable  notice  shall  be  given. 

Sec.  5.  That  no  person  shall  be  eligible  as  a  director  unless  he  is  a  member 
of  said  company ;  the  said  board  shall  elect  a  president  from  their  number, 
fill  vacancies,  and  appoint  such  officers  as  they  may  deem  necessary,  and  require 
security  for  the  faithful  performance  of  the  duties  ;  also  prescribe  the  time  for 
payment  of  instalments  or  assessments,  to  declare  the  forfeiture  of  such  stock 
for  non-payment,  and  to  do,  or  cause  to  be  done,  all  other  acts  or  things  which 
they  may  deem  necessary,  or  proper,  in  conducting  the  business  of  said  com- 
pany ;  a  majority  of  said  board  of  directors  shall  constitute  a  quorum  to  do 
business. 

Sec.  6.  That  the  said  company  shall  have  the  right  to  locate,  and  have 
surveyed  and  patented,  any  of  the  public  domain  lying  in  the  counties  of  Cald- 
well, Gonzales  or  Bastrop,  for  the  purpose  of  procuring  iron  ore,  or  timber,  by 
paying  into  the  General  Land  Office  the  sum  of  fifty  cents  per  acre  for  said 
public  domain  ;  Provided,  That  the  number  of  acres  so  located  and  patented, 
shall  not  exceed"  five  thousand  acres;  and  the  State  of  Texas  doth  hereby 
relinquish  to  said  company,  all  the  right,  title  and  claim,  which  the  State  of 
Texas  has,  in  and  to  all  minerals  that  may  be  f®und  on  any  land  so  located  and 
patented. 

Sec.  7.  That  the  parties  named  in  this  act,  are  hereby  appointed  commis- 
sioners, and  invested  with  the  right  of  organizing  said  company  ;  and  that  this 
charter  shall  expire  at  the  end  of  twenty  years  from  the  passage  of  this  act. 

Sec.  8.     That  this  act  shall  take  effect  from  its  passage. 

Passed  December  lGth,  1863. 

CHAPTER    XXXIX. 

AN  ACT  to  donate  part  of  the  State  and  County  Taxes  of  Galveston  County,  for 
the  year  18C3,  and  during  the  continuance  of  the  present  war,  to  tltat  County,  for 
the  relief  of  the  Indigent  Families  of  the  County  qf  Galveston. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  the 
State  and  county  taxes,  when  assessed  and  collected  on  property  which  pertains 
to  said  county,  as  situated  therein,  except  for  existing  unusual  circumstances, 
for  the  year  18G3,  in  the  county  of  Galveston,  and  such  taxes,  State  and  county, 
as  may  be  assessed  and  collected,  during  the  continuance  of  the  war  between 
the  United  States  of  America  and  the  Confederate  States,  in  said  county,  be 
and  the  same  are  donated  to  said  county,  for  the  use  and  relief  of  the  indigent 
families  of  Galveston  county  :  Provided,  That  nothing  herein  contained  shall  be 


29 

construed  to  release  any  person  from  paying  to  the  S'ate  such  taxes  as  may  be 
levied  in  kind,  or  made  payable  in  specie,  which  taxes  ia  kind  and  specie  are  not 
donated,  but  shall  be  paid  into  the  treasury. 

Sec.  2.  That  the  Assessor  and  Collector  of  said  county  be  and  be  is  hereby 
directed  to  make  his  return  to  the  Comptroller  of  the  State,  a-*  required  by  law. 

Sec.  3.     That  this  act  take  effect  and  be  in  force  from  and  after  i ta  passage. 

Approved  December  Kith,  lsi; .;. 

CHAPTER   XL 

AN  ACT  to  release  to  the  heirs  of  W.  J.  Mills,  afi  tin'  riant,  title  and  interest  of  the 
State  of  Texas,  in  and  to  the  properly  O'rned  by  said  Mills  at  il,e  tine  of  his 
death,  and  deviseii  by  last  will. 

Whereas,  Colonel  \V.  J.  Mills,  of  the  county  of  Chambers,  died  while  acting 
in  the  Quartermaster's  Department  of  the  Confederate  States  of  America,  in  the 
month  of  November,  186:?,  and  doubts  have  arisen  as  to  the  effect  of  a  devise 
contained  in  his  last  will :   Therefore, 

Section  1.  Be  it  enacted  by  (he  Legislature  of  (he  Stale  of  Texas,  That  all  right, 
title  and  interest,  legal  or  equitable,  existing,  or  which  by  legal  proceedings 
might  be  established,  in  behalf  of  the  State  Texas,  in  and  to  all  the  property 
belonging  to  Colonel  W.  J.  Mills  at  his  death,  and  devised  in  his  last  will,  be 
and  the  same  is  hereby  relinquished,  released  and  surrendered  to  the  heirs  of 
6aid  Colonel  W.  J.  Mills,  and  the  same,  so  far  as  the  State  of  Texas  is  concerned 
or  has  interest,  shall  descend  and  pass  to  them,  iu  the  same  manner  us  If  said 
Mills  had  died  intestate  as  to  the  same. 

Sec.  '2.     This  act  shall  he  in  force  from  and  after  its  passage. 

Approved  December  16th,  1S63. 

CHAPTER  XLI. 

AN  ACT  to  incorporate  the  Washington  Iron  Manvfact 'tiring 
Company. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stale  of  Texas,  That  W  W. 
Bell,  T.  J.  Jackson,  and  Wilson  Bell,  and  their  associates  and  successors,  be  and 
the  same  are  hereby  declared  and  constituted  a  body  politic,  under  the  name 
and  style  of  "  The  Washington  Iron  Manufacturing  Company."  with  capacity 
to  own  property,  both  real  and  personal,  to  make  contracts,  to  have  succession 
and  a  common  seal,  to  make  by-laws  for  its  government,  and,  in  its  corporate 
name,  to  sue  and  be  sued,  to  grant  and  receive,  and  generally  to  do  and  per- 
form such  acts  and  things  as  are  necessary  and  proper  for,  and  incident  to,  the 
fulfillment  of  its  objects  or  maintenance  of  its  rights  under  this  act  and  con- 
sistent with  the  provisions  of  the  constitution  of  the  State  of  Texns,  and  to 
have  and  exercise  all  of  the  rights,  privileges,  and  immunities,  granted  to  other 
corporations  of  a  like  character. 

Sec.  2.  That  the  said  company  be  and  is  hereby  established.  wi:'u  the  right 
to  erect,  own,  maintain  and  operate  an  iron  manufactory,  including  all  articles 
manufactured  from  pig  or  bar  iron,  or  derivable  from  the  ores  cf  iron,  sepa- 
rately or  conjointly,  at  such  place  or  places  as  said  company  may  elect. 

Sec.  3.  That  the  capital  stock  of  said  company  shall  be  divided  into  shares 
of  one  hundred  dollars  each,  and  the  holders  of  said  shares  shall  constitute  said 
company,  and  the  capital  stock  of  said  company  shall  not  exceed  two  hundred 
thousand  dollars. 

Sec.  4.  That  the  affairs  and  business  of  said  company  shall  be  conducted 
by  a  board  of  directors,  not  lett  than  three  nor  more  than  tive.  who  shall  be 
elected  by  the  stockholders  at  their  organization  under  this  act,  and  annually 
thereafter  :  Provuicd,  That  in  case  of  failure  tc  elect  at  the  stated  time  or  timeB, 
that  the  board  of  directors  incumbent  shall  continue  in  office  until  there  be  an 


30 

election  ;  the  time  for  which  shall  be  fixed  by  said  board  of  directors,  whereof 
reasonable  notice  shall  be  given. 

Sec.  5.  That  no  person  shall  be  eligible  as  a  director,  unless  he  be  a  member 
of  the  company.  The  said  board  shall  elect  a  president  from  their  number,  fill 
vacancies,  and  appoint  such  officers  as  they  may  deem  necessary,  and  require 
security  for  the  faithful  performance  of  their  respective  duties ;  also,  prescribe 
the  time  for  payment  of  instalments  and  assessments  on  stock,  and  declare  the 
forfeiture  thereof  for  nonpayment  of  stock,  and  to  do  generally,  or  cause  to  be 
done,  all  other  acts  and  things  which  they  shall  de>  m  proper  in  conducting  the 
buAimfee  of  said  company.  A  majority  of  the  boaid  shall  constitute  a  quorum 
to  do  business  for  the  corporation. 

Sec.  (J.  That  the  parties  named  in  section  one  of  this  act  are  hereby  ap- 
pointed commissioners,  and  invested  with  the  right  of  organizing  said  company,, 
and  that  this  charter  shall  expire  at  theend  of  twenty-five  years  from  the  pass- 
age of  this  act,  and  for  that  period  the  commissioners  and  their  associates  and 
successors,  named  in  this  act.  shall  have  the  right  to  work  and  operate  any 
mine,  or  mines,  reserved  to  the  State,  free  from  charge,  let.  or  hindrance,  on  the 
part  of  the  State  of  Texas. 

Sec.  7.    That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Approved  December  lGth,  1863. 

CHAPTER   XLII. 

AN  A  CT  to  incorporate  the  Gathings   Male  and  Female  College. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  W.  T. 
W.  Taliaferro,  P.  H.  Shelton,  J.  J.  Gathings,  A.  D.  Kennard,  Philip  Gatbings, 
H.  C.  Lyon,  D.  T.  Lawrence,  J.  S.  Marrow,  and  J.  0.  Church,  trustees  of  the 
Gathings  Male  and  Female  College,  situated  in  the  county  of  Hill,  be  and  they 
are  hereby  created  a  body  corporate,  under  the  name  and  style  of  "  The  Board 
of  Trustees  of  the  Gathings  Male  and  Female  College,"  and  by  that  name  may 
sue  and  be  sued,  plead  and  be  impleaded,  enact  such  bylaws,  rules  and  regu- 
lations, as  may  be  necessary  for  their  government,  purchase,  hold,  and  enjoy, 
property  of  all  kinds,  or  may  receive  the  same  by  donation,  for  the  benefit  of 
said  college,  to  convert  said  property  into  money  and  dispose  of  the  same,  and 
shall  have  a  common  seal  for  the  transaction  of  its  business,  and  shall  have  the 
power  to  confer  any  and  all  literary  honors  upon  all  the  students  considered 
worthy  to  receive  the  same  by  the  faculty. 

Sec.  2.  That  the  rights  and  privileges  herein  granted  shall  extend  to  the 
trustees  herein  named  and  their  successors,  and  they  may  elect  from  their  own 
number,  under  such  regulations  as  they  may  adopt,  and  for  such  terms  as  they 
may  see  proper,  a  president,  secretary,  and  treasurer,  or  any  other  officer  or 
agent  necessary  in  the  board.  They  shall  also  have  the  power  to  construct  such 
college  buildings  as  may  be  necessary  for  said  college,  and  to  do  all  things- 
necessary  to  the  proper  conduct  and  management  of  said  college,  not  contrary 
to  the  law  or  inconsistent  with  this  charter. 

Sec.  3.  That  this  act  take  effect  and  be  in  force  from  its  passage,  and  remain 
in  force  for  twenty-five  years. 

Approved  December  ICth,  18C3. 

CHAPTER   XLIII. 

AN  ACT  supplementary  to  uAn  Act  to  prohibit  the  sale  of  Intoxicating  Liquors 
within  five  miles  of  the  town  of  Dallas,"  passed  at  the  present  session  of  the 
Legislature. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  7'exas,  That  the 
}  roviHons  of  the  act,  passed  at  the  present  session  of  the  Legislature,  to  pro- 


hibit  the  s.i'.'  of  mtoxicating  jiquors  witLin  five  miles  of  the  town  of  Dallas, 
shall  be  so  construed  as  to  have  effect  and  force  within  the  limits  of  said  town 
Approved  IK   einbtr  16th.  18C3. 

CHAPTER   XL1V. 

AX  ALT  to  prohibit  the  sale  of  Ardent  or  SpitritWU*  Liquors  within  ttn   miles 

of  the  (kmrt  House  inthin  the  town  of  llunisville,  Walker  county,  except  for 
'nal  purp* 

Section  1.  /.'<  it  enacted  ty  (he  Legislature  of  the  State  of  Ttec&t,  That  if  any 
perSi  n  shal!.  within  ten  miles  of  the  Court  House  within  the  town  of  Huntsville. 
Walker  comity,  in  this  State.  sell  any  ardent  ot  spirituous  liquors,  except  for 
medicinal  \  irposes,  in  any  quantities  whatever,  such  person  shall,  upon  con- 
viction theii  of,  be  deemed  guilty  of  »  misdemeanor,  and  fined  in  any  sum  not 
less  than  one  handled  dollars  and  not  more  than  one  thousand  ;  and  the  jury 
trying  the  s  me  maj  add  imprisonment  in  the  county  jail,  not  exceeding  six 
months. 

.'.  That  if  any  person  shall,  within  the  district  prescribed  in  the  Erst 
section  of  this  a:t.  give,  barter,  or  exchange,  any  ardent  or  spirituous  liquors 
to  any  one,  wi:h  intent  to  evade  the  provisions  of  this  law,  such  person  shall 
be  deemed  guilty  of  a  like  misdemeanor,  and,  on  conviction  thereof,  subject  to 
the  penalties  prescribed  in  the  first  section  of  this  act ;  and  proof  "by  the  State 
of  the  delivery  of  liquors,  the  sale  of  which  is  herein  prohibited  within  said 
district,  shall  be  deemed  prima  facie  evidence  of  intent  to  avoid,  or  evade,  the- 
provisiona  of  this  act ;  and  it  shall  not  be  necessary  for  the  State,  in  an  indict- 
ment under  this  act,  to  allege  or  prove  that  the  liquor  sold,  given,  bartered,  or 
exchanged,  was  nol  foV  medicinal  purposes. 

Sec.  3.  That  all  laws  and  parts  of  laws,  in  c  inflict  with  the  provisions  of 
this  act.  be  and  the  same  are  hereby  repealed. 

Approved  December  10th,  lv<:'.. 

CHAPTER  XLV. 

AN  ACT  lo  iiuvrporate  tlie  Trinity  Manufacturing  and  Flowing 

C<  mi />atiy. 

Section  hi  d  by  tht  L<  '  the  State  of  Texas,  That  W.  A. 

Rhea,  James  C  Kliea.  Francis  Dowell,  W.  H.  Beane,  C.  Copenbaver,  and  their 
associates  and  in  office,  be  and  are  hereby  created  a  body  corporate 

and  politic,  fof  the  purpose  of  manufacturing  woolen  and  cotton  yarns  and 
fabrics,  unuei  the  name  and  title  of  ''The  Trinity  Manufacturing  Company.'' 
and  in  this  name  and  style  shall  have  full  power  to  sue  and  be  sued,  plead  and 
be  impleaded,  and  to  do  and  perform  all  other  acts,  and  exercise  all  the  rights 
and  pi  1  be  endued  with  all  the  powers  incident  to  corporations. 

Sv  apital  stock  of  said  company  shall  be  the  amount  actually 

paid  in  by  the  stockholders  at  any  time  :  Provided,  That  the  capital  stock  shall 
not  e-  hundred  thousand  dollars,  and  sball  consist  of  all  its  property 

real,  personal  or  mixed,  chdsea  in  action,  franchise  or  rights  to  property,  in- 
choa-  >d.  and  shall  be  divided  into  shares  of  one  thousand  ($1000) 

dollai  ,d  be  deemed  and  considered   in  law  personal  property  and 

estate,  and  ho  transferable  by  any  conveyance  in  writing,  recorded  by  the 
propel  ompany.  in  books  to  be  kept  for  that  purpose  at  its  office. 

Sec.  o.  That  the  above  named  in  orporators  shall  be  and  are  hereby  consti- 
tuted a  provisional  board  of  directors,  a  majority  of  whom  shall  constitute  a 
quorum,  and  shall  have  power  to  open  books  for  subscription  to  the  capital 
stock  of  tl  •  on  as  it  shall  be  ascertained  that  fifty  thousand 

dollars  shall  bai  e  been  subscribed,  they  shall  call  a  meeting  of  the  stockholders. 
WW  Shall  i  nafter  named.     The 


32 

officers  elect,  and  their  successors  in  office,  shall  be  authorized,  at  their  dis- 
cretion, to  increase  the  capital  stock  from  time  to  time,  by  receiving  new 
subscriptions,  until  the  amount  of  five  hundred  thousand  dollars  shall  have 
been  subscribed,  as  provided  in  section  two  of  this  charter.  The  board  of 
directors  shall  be  authorized  te  fix  the  instalments  upon  subscriptions,  and 
determine  the  times  and  manner  of  payment ;  all  of  which  may  be  changed, 
from  time  to  time,  at  their  discretion  ;  they  shall  be  authorized  to  receive,  in 
payment  for  stock,  Confederate  Treasury  notes  or  bonds,  or  any  kind  of 
property,  upon  such  terms  as  they  may  deem  proper. 

Sec.  4.  That  the  business  of  the  company  shall  be  conducted  by  a  board  of 
directors,  the  number  of  which  shall  he  determined  by  the  stockholders  ;  all  of 
whom  shall  be  stockholders,  and  a  majority  of  whom  shall  constitute  a  quorum. 
The  directors  shall  be  elected  by  the  stockholders,  each  share  being  entitled  to 
one  vote,  which  may  be  cast  in  person  or  by  proxy.  The  first  board  of  direc- 
tors elected  shall  hold  their  office  until  the  1st  of  January,  1S65  ;  the  election 
for  directors  shall  be  held  annually  thereafter,  on  the  first  Monday  in  January 
in  each  year,  but  a  failure  to  hold  the  election  shall  not  dissolve  the  corporation  ; 
but  the  board  in  office  shall  continue  in  office  until  their  successors  are  elected. 
A  majority  of  stock  subscribed  shall  be  necessary  to  hold  the  first  election  for 
directors;  at  the  subsequent  and  annual  elections,  the  stock  present  and  repre- 
sented shall  be  competent  to  elect ;  any  vacancy  occurring  during  the  time  for 
which  directors  are  elected  to  serve,  may  be  filled  by  a  vote  of  the  board.  All 
elections  for  officers  shall  take  place  at  the  office  of  the  company,  which  shall 
be  located  at  the  discretion  of  the  company. 

Sec.  5.  That  the  board  of  directors  shall,  at  their  first  meeting  after  their 
own  election,  select  a  president  and  secretary  and  fix  their  salaries,  which  shall 
not  be  increased  during  the  time  for  which  they  shall  have  been  elected ;  the 
board  of  directors  shall  have  power  to  remove  these  officers  at  their  pleasure, 
and  elect  others  in  their  place.  The  president  of  the  company  is  the  officer 
designated  as  the  one  on  whom  legal  service  of  all  process  or  citation  shall  be 
served,  and  the  company  shall  be  bound  by  service  of  process  or  citation, 
whether  made  on  the  president  in  person,  or  left  to  his  address  at  the  office  of 
the  company,  in  the  bauds  of  any  of  its  officers. 

Sec.  6.  Be  it  further  enacted,  That  the  president  and  directors  may  make 
by-laws  to  regulate  the  issue  of  stock  certificates,  the  declaring  and  paying  of 
dividends,  and  for  the  proper  and  regular  transaction  of  business  ;  and  may 
repeal,  change,  alter  or  amend  the  same,  at  any  time  they  may  deem  proper. 

Sec.  7.  Be  it  further  enacted,  That  the  president  and  directors  shall  keep  a 
record  of  the  proceedings  of  their  own  meetings  and  of  the  meetings  of  the 
stockholders,  and  accurate  books  of  accounts  of  all  receipts  and  expenditures, 
to  show  the  condition  of  the  company,  and  a  registry  of  the  issues  and  transfers 
of  all  certificates  of  stock,  which  book  and  accounts  shall  be  open  at  all  times 
to  the  examination  of  the  stockholders.  All  transfers,  contracts,  and  convey- 
ances, made  in  pursuance  of  a  majority  of  said  board  of  directors,  executed  in 
writing,  and  signed  by  the  president  and  countersigned  by  the  secretary,  shall 
be  valid  and  binding  in  law,  and  have  the  same  force  and  effect  as  if  done  by  a 
natural  per°on  ;  the  president  and  directors  shall  be  authorized  to  mortgage 
the  property  of  the  company  to  secure  the  payment  of  money  borrowed,  or  any 
debts  contracted,  by  the  company. 

Sec.  8.  That  this  charter  may  be  altered  or  amended,  from  time  to  time,  by 
the  Legislature  of  the  State  of  Texas,  upon  the  petition  of  stockholders,  holding 
or  representing  two-thirds  of  the  capital  stock  of  the  company,  setting  forth  the 
nature  of  th.e  change  or  amendments  desired. 

Sec.  9.  That  this  act  take  effect  from  and  after  its  passage,  and  continue  in 
effect  twenty-five  years. 

Approved  December  16th,  1863. 


33 

CHAPTER    XLVI. 

AN  ACT  to  prohibit  the   retail   of  Tntoricatinj    Liquor*  in  the 
neighborhood  of  Bound  Rock. 

Section  1.  Be  it  enacted  by  the  tegmai  ire  of  the  Stale  of  Tews,  That  it  shall 
not  be  lawful  to  retail  any  ardent,  alcoholic,  or  intoxicating  liquors,  within  the 
distance  of  four  miles  from  Che  school-house  in  the  town  of  Round  Rock,  in 
Williamson  county,  (unless  sold  by  apothecaries  for  medical  purposes ;)  and  any 
person  offending  against  tlie  provisions  of  this  act  shall  be  deemed  guilty  of  a 
misdemeanor,  and.  on  conviction  thereof,  before  any  Court  of  competent  juris- 
diction, shall  bo  lined  in  any  sum  not  less  than  one  hundred  nor  more  than 
five  hundred  dollars,  fur  each  and  every  offence  so  committed. 

Passed  December  Kith.  186ft 

CHAPTER    XLY1I. 

AN  ACT  to  prohibit  the  sale  of  Intoxicating  Liquors  in  the  vicinity 
of  the  town  of  Dallas,  in  Dallas  county. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  Stab  of  Texas,  That,  it  shall 
not  be  lawful  to  sell  any  intoxicating  liquors,  whether  alcoholic,  malt,  distilled, 
or  brewed,  within  five  miles  of  the  town  of  Pall  is.  in  D  lllas  county,  (unless  sold 
by  apothecaries  for  medicinal  purposes  ;)  and  any  person,  or  persons,  offending 
against  the  provisions  of  this  act.  shall  be  guilty  of  a  misdemeanor,  and,  on 
conviction  thereof  before  the  District  Court  of  Pallas  county,  or  before  any 
Justice  of  the  Peace,  in  the  precinct  in  which  the  town  of  Pallas  is  situated, 
shall  be  fined  in  any  sum  not  less  than  fifty  nor  more  than  five  hundred  dollars, 
for  each  and  every  offence  against  this  act. 

Sec.  2.  That  proceedings  under  this  act  shall  be  commenced  on  affidavit, 
view,  or  information,  and,  upon  conviction  by  information,  one-half  of  the  fine 
assessed  against  the  offender  shall  go  to  the  informer  and  the  other  half  to  the 
county  treasury  of  Dallas  county,  to  be  used  in  support  of  the  families  of  sol- 
diers ;  and  that  this  act  be  in  force  thirty  days  from  and  after  its  passage. 

Passed  Pecember  16th,  18U3. 


CHAPTER  XLVII1. 

AN  ACT  to  prohibit  the  sale  of  Intoxicating  Liquors  in  the  neigh- 
borhood of  San  Saba  Masonic  CoUege. 

Section  1.  Be  it  enacted  by  the  Legislature  of  the  State  of  Texas,  That  it  shall 
not  be  lawful  to  sell  any  intoxicating  liquors,  whether  the  same  be  al  loholic, 
malt,  distilled,  or  brewed,  within  five  miles  of  the  San  Saba  Masonic  College, 
situated  in  Sin  Saba  county,  (unless  sold  by  apothecaries  for  medicinal  purposes  ; 
and  any  person  offending  against  the  provisions  of  this  act,  shaH  bo  deemed) 
guilty  of  a  misdemeanor,  and,  on  conviction  thereof  before  the  District  Court 
of  San  Saba  county,  or  before  any  Justice  of  the  IV  ice  i  i  the  precint  in  winch 
the  Sm  Saba  Masonic  College  is  situated,  Bhall  be  fined  in  any  sum  not  less 
than  fifty  nor  more  than  live  hundred  dollars,  for  e  ich  an  1  ei  ery  offence  ;  the 
District  Court  and  f  the  Peace  hiving  concurrent  jurisdiction  over 

offences  arising  under  this  act :    Provided   Tb  f  the  Pea 

have  power  to  assess  a  line  of  m  >re  than  one  hundred  doll  ire. 

Skc.  2.  That  all  money  collected  by  does  Imp  tsed  under  the  provisions  of 
this  act,  sLall  be  paid  over  to  the  trusts  in  Sib  a  Ma  ge,  for 

the  use  of  said  College. 

Sac.  3.    That  prosecutions  under  this  net  Bhall  be  con.  n";  n  twelve 


e 


34 

months  after  the  commission  of  the  offence;  and  this  act  take  effect  and  be  in 
force  from  and  after  the  first  day  of  Januiry,  A,  D.,  1864. 
Passed  December  16th,  1863. 

CHAPTER   XLIX. 

AN  ACT  for  the  relief  of  Ayres  Moody. 

Section  1.  Be  it  e>mcted  by  the  Legislature  uf  the  State  of  Tessas,  That  the 
Commissioner  of  the  GeneralLand  Office  be  and  he  is  hereby  authorized  to 
issue  to  Ayres  Moody  a  head-right  certificate  for  twelve  hundred  and  eighty 
acres  of  land,  in  lieu  of  the  one  obtained  in  the  District  Court  of  Harrison 
county,  on  the  llth  day  of  September,  1840,  which  has  been  lost  or  mislaid. 

Sec.  2     That  this  act  take  effect  and  be  in  force  from  and  after  its  passage. 

Passed  December  16th,  1863. 


SPECIAL  JOINT  RESOLUTIONS. 


CHAPTER  I. 

JOINT  RESOLUTION  authorizing  the  Military  Board  of  the  State  to  pay  the 
Confederate  Tax,,  levied  on  Whitescarver.  Campbell  it  Co..  contractors  with  said 
Board  for  the  Manufacture  of  Arms. 

Whkrkas,  Messrs.  Whitescarver,  Campbell  &  Co  .  of  Rusk,  Cherokee  county, 
are  under  contract  to  manufacture  guns  for  the  Military  Board  of  the  State,  and 
have  faithfully  performed  their  contract;  and  the  Confederate  Tax  Collector 
has  levied  an  occupation  tax  of  two  hundred  dollars  and  two  and  one-half  per 
cent,  on  the  amount  of  sales  ;  and,  whereas,  said  Armory  has  been  exclusively 
occupied  in  working  for  the  State  : 

Therefore,  be  it  resolved,  That,  in  settlement  of  their  account,  the  Military 
Board  be  directed  to  allow  iiessra  Whitescarver.  Campbell  &  Co.  the  amount 
paid  by  them  for  the  taxes  above  enumerated. 

Approved  November  27th,  1863. 

CHAPTER  II. 

JOINT  RESOLUTION  authorizing  the  Military  Hoard  to  cancel  a  Contract 
made  by  them  xcith  Short,  Biscoe  <fc  Co.,  for  the  Manufacture  of  Arms. 

1.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas,  That  the  Military 
Board  be  and  they  are  hereby  authorized  and  required  to  cancel  and  annul  a 

contract  made  by  them  in  behalf  of  the  State,  on  the day  of ,  A.  D., 

,  with  Short,  Biscoe  &  Co.,  of  Smith  county,  for  the  manufacture  of  arms, 

upon  the  following  conditions,  viz :  That  said  Short,  Biscoe  &  Co.  shall  first 
repay  to  the  Military  Board  all  sums  of  money  which  may  have  been  advanced 
to  them  by  the  Military  Board  on  said  contract,  together  with  interest  thereon, 
at  the  rate  of  eight  per  cent,  per  annum  from  the  date  the  same  was  received 
by  them  ;  and,  on  the  further  condition,  that  they  shall  produce  evidence  to  the 
satisfaction  of  the  said  board,  that  they  have  sold,  or  firmly  contracted,  to  the 
Government  of  the  Confederate  States,  or  its  authorities,  all  the  fixtures,  ma- 
chinery and  material  which  they  have  constructed,  or  may  have  on  hand,  for 
the  purpose  of  carrying  out  their  said  contract. 

2.  That  this  resolution  be  iu  force  from  and  after  its  passage. 
Approved  December  4th.  1863. 

CHAPTER  111. 

Jul A'7    RESOLUTION. 

Whereas,  Messrs.  Billups  &  Ilassel,  •!  Plenitude,  Anderson  coun'y.  did,  in 
the  month  of  June,  1862,  enter  into  contract  with  the  Military  Board" to  manu- 


36 

faikire  and  de'iver  seven  hundred  guns,  of  the  model  of  the  Mississippi  rifle,  at 
the  price  of  thirty  dollars,  payable  in  currency  ;  of  which  number,  the  said  par- 
ties have  delivered  six  hundred  ;  and,  whereas,  owing  to  the  scarcity  of  iron 
and  other  material,  and  the  impossibility  of  procuring  necessary  tools  for  the 
work,  renders  it  impossible  for  the  parties  to  make  the  remainder  of  the  number 
conti acted  to  be  delivered  : 

Therefore,  be  it  resolved  by  the  Legislature  of  the  State  of  Texas,  That  the  Mili- 
tary Board  be  directed  and  required  to  cancel  the  contract  entered  into  by  and 
between  the  laid  board  and  Billups  &  Hassel  ;  and  this  resolution  be  in  force 
from  and  after  its  passage. 

Approved  December  8h,  1863. 


CHAPTER    IV. 

JOINT  RESOLUTION  requesting  the  Commanding   General  of  this   Military 
District  to  detail  men  ft  r  Texas  Iron  Works. 

Whereas,  the  article  of  iron  is  becoming  a  matter  of  necessity,  both  to  the 
Confederate  and  State  Governments,  and,  under  the  existing  military  laws,  con- 
scripting and  drafting  all  men  between  the  ages  of  eighteen  and  titty  into  the 
service  of  the  country,  it  is  difficult  to  obtain  the  mechanical  aid  necessary  to 
carry  on  the  founderies  now  engaged,  or  which  may  hereafter  be  engaged,  in 
the  manufacture  ol  iron,  Ac. 

1.  Be  it  resolved,  by  the  Legislature  of  the  Stale  of  Texas,  That  the  Command- 
ing General  ot  tin's  Military  District  be  requested  to  make  such  details  as  may 
be  necessary  to  carry  on  all  manufactories  now  in  operation,  or  which  may 
hereafter  be  established,  for  the  purpose  of  making  iron  in  this  State. 

2.  He  it  further  resolved,  That  the  Governor  of  this  State  transmit  a  copy  of 
this  resolution  to  the  Commanding  General  of  this  Military  District. 

Approved  December  11th.  1863. 


CHAPTER   V. 

JOINT  RESol.UTbjN  in  relation  to  the  capture  of  two  Yankee  flags,  cipluvrd 
from  the  enemy. 

1.  Rksoi.i  rio\.  Be  it  resolved  by  the  Legislature  of  the  State  of  Texas.  That  we 
have  received  with  feelings  of  patriotic  pleasure  the  stmds  of  colors  of  the  4th 
New  Jersey  regiment,  captured  by  the  5th  Texas  Infantry,  in  the  battle  of  Rich- 
mond, June  27th,  1862.  and.  also,  a  Yankee  flag,  captured  at  the  battle  of 
Lafourche,  by  the  4rh  Texas  Cavalry,  July  13th.  1863. 

2.  Resou'tton.  That  the  capture  of  these  standards  from  our  boastful  and 
numerous  and  infuriated  foes,  is  evidence,  again  repeated,  of  the  heroic  and 
indomitable  courage  of  the  Sonthern  soldiers,  fighting  for  freedom  and  inde- 
pendence, evincing  their  firm  and  unalterable  determination  to  stand  by  their 
country,  through  sunshine  and  through  storm,  until  the  unprincipled  enemy  is 
driven  from  the  soil  of  our  native  land,  and  covers  the  name  of  Texas  and  of  the 
Confederate  States  with  imperishable  glory,  challenging  the  admiration  of  the 
world. 

3.  Resolution.  That  t!  ese  menu  ritoes  of  Texan  chivalry  be  assigned  a' place 
among  the  archives  of  tie  State,  and  preserved  as  trophies,  glorious  to  the  cap- 
tors and  to  the  poorle  of  Texas,  proud  of  their  invincible  sons. 

4.  Resolution.  Ihit  is  further  token  off  the  admiration  of  the  people  of 
Texas,  these  resolutions  be  forwarded  by  the  Governor,  to  be  read  at  the  heal 
s»f  the  regiments  shove  named'. 

Approve.!  Deeehibei*  11th.  ] 8 ■". 3 


37 

CHAPTER    VI. 

JOINT  RESOLUTION  reqmstinj    General  J.    B.   Mijrohr  to   detail  .certain 
persons  therein  named. 

Whereas,  II.  Ward,  a  citizen  of  Titus  county,  who  is  the  proprietor  and  ope- 
rator of  a  wool-carding  machine  in  said  county,  has  been  drafted  into  the 
military  service  of  the  State,  and  is  now  a  in  mber  of  Captain  Epperson's 
company,  in  Major  Carter's  battalion.  State  troops  ;  and.  whereaj,  S.  G.  Watts, 
an  engineer  employed  in  running  a  steam  riouring-mill  lor  Q.  A.  Kebburn.  in 
Dallas  county,  has  been  drafted  in  like  manner,  and  is  now  a  member  of  Captain 
McCarney's  company,  in  Lieutenant-Colonel  Smith's  command,  2d  regiment 
State  Cavalry;  and,  whereas,  the  services  of  the  aforesaid  H.  Ward  and  S.  G. 
Watts  are  much  needed  in  their  respective  vocations  by  the  communities  of 
their  lespective  localities: 

Therefore,  be  it  resolved  by  the  LegUti  /"/<•  of  the  State  of  Texas,  That  General 
Magvuder,  commander  of  this  Military  Department,  be  and  he  is  hereby  re- 
quested to  detail  the  said  II.  Ward,  for  the  purpose  of  running  said  wool-carding 
machine,  and  the  said  S.  G.  Watts,  for  the  purpose  of  running  the  aforesaid 
flouring-mill ;  and  that  the  Governor  of  the  State  be  required  to  forward  a  copy 
of  this  resolution  to  General  Magruder,  immediately  after  its  passage. 

Approved  December  11th,  18U3. 


CHAPTER   VII. 

JOINT  liES()LL'TIUN  in  regard  to  the  Purchasing  of  Beeves  and  other  Gov- 
ernment supplies,  in  Texas,  by  the  Messrs.  Payne  it  Co.,  on  Government  accoiint, 
with  counterfeit  Confederate  money. 

Whkrkas.  during  the  year  1SG2.  Messrs.  J.  A.  Payne  &  Co.,  of  the  State_  of 
Kentucky,  acting  under  authority  purporting  to  issue  from  the  Commanding 
General  of  the  Confederate  Army  in  the  West,  did  purchase  a  large  number  or 
beeves  and  other  property  in  the  State  of  Texas,  from  citizens  of  Hill,  McLen- 
nan, Falls.  Bosque,  and  other  counties,  and  did  pay  therefor  counterfeit  Con- 
federate States  treasury  notes,  amounting  in  the  aggregate  to  one  hundred 
thousand  dollais.  or  more  ;  and,  whereas,  it  is  a  notorious  and  public  fact,  that 
the  said  Messrs.  Payne  were  arrested  by  the  authorities  of  the  Confederate 
States,  as  counterfeiters,  before  they  bad  delivered  or  received  pay  for  said 
property  ;  and  that  the  Government  o(  the  Confederate  States  did,  thereafter, 
receive  the  same  and  appropriate  it  to  the  use  of  its  army,  and  has  never  yet 
paid  the  purchase  money  therefor,  hut  holds  the  same  in  its  treasury  ;  and, 
whereas,  the  citizens  of  Texas  acted  in  good  faith  and  patriotism  in  selling  said 
supplies  to  the  Confederate  Government,  and  are,  therefore,  justly  entitled  to  a 
reasonable  and  fair  compensation  for  the  same  : 

1.  Tlierefore,  be  it  resolved  by  the  "Legislature  of  the  State  of  Texas,  That  our  Sena- 
tors in  Congress  be  instructed,  and  our  representatives  requested,  to  use  their 
best  endeavors  to  have  a  law  passed  by  Congress  providing  for  the  sending  of  a 
commissioner,  or  other  proper  officer,  to  some  convenient  locality  in  Texas,  in 
the  part  of  the  country  where  such  purchases  were  mile  by  Payne  &  Co.,  with 
full  power  and  authority  to  examine  and  determine  the  character  of  the  money 
circula'ed  by  said  Payne  <t  Co.,  and  to  redeem  the  same  with  genuine  Confed- 
erate money,  whether  the  same  be  now  in  hands  of  the  original  payees  or  of 
other  parlies,  who  have  given  a  valuable,  consideration  therefor. 

2.  Resolved,  That  the  Governor  forward  a  copy  of  this  resolution  to  our 
Senators  and  Representative-  in  Congress. 

Approved  December  14th.  18(13. 


38 

CHAPTER   VIII. 

JOINT  RESOLU'I  ION  to  authorize  the  Military  Board  to  manufactory  BaU,  and 
making  an  appropriation  for  the  scum. 

1.  Resolved,  That  tbe  sum  of  tifty  thousand  dollars  is  hereby  appropriated, 
out  of  any  moneys  in  the  treasury  not  otherwise  set  apart,  and  placed  at  the 
disposal  of  the  Military  Board,  lor  the  purpose  of  manufacturing  salt,  at  the 
salt  springs  and  creeks  near  the  Double  Mountain,  or  at  any  other  place  in 
Texas  where  silt  can  be  made  advantageously.  That  the  board  is  authorized 
to  exercise  its  discretion  in  the  outlay  of  the  money  herein  appropriated,  or  so 
much  thereof  as  may  be  necessary,  so  as  to  obtain  the  best  results  in  obtaining 
salt  for  the  use  of  the  people. 

2.  Resolved  further,  That  the  Governor  be  requested  to  ask  of  the  Military 
Commander  of  this  Department  to  make  ?uch  disposition  of  the  Confederate 
troops,  upon  the  north  western  border  of  this  State,  as  will  protect  the  line  ol 
travel  to  parties  engaged  in  making  salt  at  the  Double  Mountain,  or  other 
works,  hereafter  to  be  put  in  operation,  whenever  such  protection  may  be 
necessary. 

Approved  December  loth.  18C3. 

CHAPTER   IX. 

JOINT  RESOLUTION. 

1.  Re  it  resolved  by  the  Legislature  of  the  State  of  Texas,  That  whereas,  on 
or  about  the  first  day  of  March.  18t>2.  the  4th  Regiment  Texas  Mounted  Volun- 
teers, known  as  Reiley's  or  1st  Regiment  of  Sibley's  Brigade,  did,  in  the  Ter- 
ritory ol  New  Mexico,  by  request  of  'he  Commanding  General,  turn  over  to 
the  Confederate  authorities  their  hor-es.  saddles,  and  bridles,  for  which  said 
regiment  has  never  received  any  pay  : 

2,  Therefore,  be  it  res<>lv.(d  by  the  L<</islature  if  the  State  of  Texas,  That  our 
Senators  in  Congress  be  instructed,  and  our  Representatives  requested,  to  use 
their  efforts  to  obtain  the  passage  of  a  law  by  which  the  said  regiment  will 
receive  the  pay  that  is  justly  due  them  for  said  property. 

Approved  December  15,  1SC>3. 

CHAPTER  X. 

JOINT  R ESO LUT i O N  •mthm-niiig  the  Military  Board  to  issue  Percussion  Caps 

to  the  members  of  the  Senate  and  House  of  Representatives,  and  the  officers 

thereof. 

Be  it  Resolved  by  the  Legislature  of  the  State  of  Teams.  That  tbe  Military 
Board  of  the  State  of  Texas,  are  hereby  authorized  and  required,  to  issue,  to 
the  members  and  officers  of  the  Tenth  Legislature,  (Senate  and  House  of 
Representatives,)  one  box  of  five  hundred  percussion  caps  each,  at  the  usual 
market  "price,  and  that  this  act  be  in  force  from  and  after  its  passage. 

Approved  December  ICth,  1863. 

CHAPTER  XI. 

JOINT  RESOLUTION  accepting  from  Governor  John  R.  Baylor,  two  Pieces 

of  Artillery,  captured  in  Arizona. 

Be  it  Resolved  by  the  Legislature  of  the  State  of  Texas.  That  two  pieces  of 
Artillery,  captuiel  by  Captain  James  Walker's  Company,  of  the  2d  Regiment 
of  Mounted  Rifles,  in  Arizon\,  while  under  the  command  of  Governor  John  R. 


Baylor,  which  Lave  been  tendered  to  the  State  of  Texas  by  said  Baylor,  as  ft 
memento  of  the  gallantry  of  the  regiment  aforesaid,  that  captured  said  artillery, 
now  known  as  Pyron's  Regiment,  be,  and  the  same  are  hereby  accepted  upon 
the  terms  proposed,  and  the  Governor  is  hereby  requested  to  have  said  guns 
disposed  of.  so  as  to  effectuate  the  wishes  of  the  patriotic  donor  ;  and  to  trans- 
mit a  copy  of  this  resolution  to  Governor  John  R,  Baylor,  as  an  acknowledg- 
ment of  the  estimation  in  which  the  State  of  Texas  holds  him  and  his  gallant 
command  for  their  brilliant  achievements  in  Arizona. 
Approved  December  L6,  1868. 

CHAPTER  XII. 
JOINT  RESOLUTION  in  relation  to  the  name  of  Waller  County. 

Whereas,  it  is  the  opinion  of  many  persons,  in  and  out  of  the  County  of 
Walker,  in  this  State,  that  said  county  was  named  in  honor  of  one  Robert  J. 
Walker,  then  a  distinguished  citizen  of  the  State  of  Mississppi,  and  who  had 
rendered  himself  popular  with  the  people  of  Texas  by  his  warm  advocacy  of 
the  annexation  of  Texas  to  the  United  States  ;  and  whereas,  the  said  Robert  J. 
Walker,  ungrateful  to  the  people  who  honored  him,  and  nurtured  him  into 
political  distinction,  has  deserted  that  people,  and  is  now  leagued  with  Abraham 
Lincoln  in  his  vain  efforts  to  subjugate  the  Southern  States,  now  BfragfrtiUg  for 
their  liberties  and  independence,  thereby  rendering  his  name  justly  odious  to 
the  people  of  Texas  and  the  Confederate  States  of  America  ;  therefore, 

1.  Be  it  Resolved  by  th?  Legislature  of  (he  State  of  Te,ras,  That  the  County  of 
Walker,  in  this  State,  be,  and  the  same  is,  hereby  named  Walker  County,  in 
honor  of  Captain  Samuel  II.  Walker,  the  distinguished  Texas  Ranger,  who  fell 
in  Mexico,  while  gallantly  fighting  for  the  rights  and  honor  of  the  State  of 
Texas,  and  that  henceforth  no  honor  shall  attach  to  the  name  of  saidRobert  J. 
Walker,  in  consequence  of  a  county  in  this  State  bearing  the  name  of  Walker. 

Sbc.  2.  That  this  "Joint  Resolution  "  take  effect  and  be  in  force  from  and 
after  its  passage. 

Approved  December  16th,  1863. 


40 


THE    STATE   OF   TEXAS, 

Department  op  State,     j 

I;  Robert  J.  Towne?,  Secretary  of  State  of  the  State  of  Texas,  do  certify 
that  I  have  compared  the  foregoing  Laws  and  Joint  Resolutions  of  the  Tenth 
Legislature  with  the  originals  now  on  file  in  the  Department  of  State,  and  that 
they  are  true  copies  of  such  originals.  ^ 

I  further  certify,  that  the  Tenth  Legislature  of  the  State  of  Texas  convened 
at  Austin  on  Monday,  the  second  day  of  November,  one  thousand  eight  hun- 
dred and  sixty-three,  and  adjourned  on  Wednesday,  the  sixteenth  day  of 
December,  at  11  o'clock,  P.  M.,  of  the  same  year. 

In  testimony  whekeop,  I  have  hereunto  signed  my  name,  and 
caused  the  Seal  of  the  Department  of  State  to  be  affixed,  at 
Austin,  this  twelfth  day  of  February,  A.  D.,  1864. 
R.  J.  TOWNES, 

Secretary  of  State. 


INDEX  TO  THE  SPECIAL  LAWS. 


B 

BAYLOR,  JOHN  R.,  taqk- 

Joint  resolution  accepting  two  pieces  of  artillery  from, 38- 

BASTROP  IRON  MANUFATURING  COMPANY, 

Act  of  incorporation, 27 

BLACK,  JOSEPH  A., 

To  relieve  from  disability  of  minority, 18. 

BILLUPS  &  HA8SKL, 

Joint  resolution  cancelling  contract  of,  for  the  manufacture  of  arms,  35 
BOUNDS,  CAPTAIN  J.  M., 

For  the  relief  of  Company  of  State  Troops, 6 

BRAZOS  MANUFACTURING  COMPANY, 

Act  of  incorporation, 23 

BURNEY,  GEORGE  E., 

For  relief  of, 14 

c 

CAPS, 

Joint  resolution  authorizing  the  Military  Board  to  sell  Percussion 
Caps  to  the  Members  and  Officers  of  the  Senate  and  House  of 

Representatives 38 

CHAPPELL  HILL  MANUFACTURING  COMPANY, 

Act  of  incorporation, 26 

CRAWFORD,  MIRON  B., 

Heirs  of,  for  the  relief  of, 23 

CROZIER,  A.  R., 

Act  authorizing  the  issue  of  duplicate  Treasury  warrants, 22 

COMAL  OIL  COMPANY, 

Act  of  incorporation, 20 

COMPTROLLER, 

An  act  authorizing  the  issue  of  duplicate  Treasury  warrant  No.  1521 ,  18 
COUNTIES. 

GALVESTON— Act  for  the  relief  of  indigents, 28 

FALLS  and  LIMESTONE— Act  defining  and  establishing  boundary 

between 18 

LIVE  OAK  and  McMULLEN— Act  defining  and  establishing  boun- 
dary between, 5 

WALKER — Joint  resolution  in  relation  to  the  name  thereof, 33 

D 

DALLAS  COUNTY, 

Act  authorizing  the  holding  of  a  special  election  therein  for  Repre- 
sentative,       i 

DALLAS,  TOWN  OF, 

Act  to  prohibit  sale  of  intoxicating  liquor  therein 33 

Act  supplemental  to  an  act  to  prohibit  sale  of  intoxicating  liquor,. .     30 


42 

DETAILS,                                                                                                                   page 
Joint  resolution  requesting  the  detail  of  certain  persons  therein 
mentioned, 37 

DUMAS,  JAMES  P., 

Act  for  the  relief  of, 25 

E 

EAST  TEXAS  MANUFACTURING  COMPANY, 

Act  of  incorporation , 20 

F 

FALLS  COUNTY, 

An  act  to  define  the  boundary  line  of, 18 

FLAGS, 

Joint  resolution  in  regard  to  two  Yankee  flags  captured  from  the 
enemy, 36 

G 

GALVESTON  CITY, 

Re-incorporated 7 

GALVESTON  COUNTY, 

Act  for  the  relief  of  indigents,  28 

GATHINGS  MALE  AND  FEMALE  COLLEGE, 

Act  of  incorporation 30 

GONZALES  MUTUAL  AID  ASSOCIATION, 

Act  of  incorporation 17 

II 
HARRISON,  II.  K., 

Act  for  the  relief  of, 4 

HARRISON  COUNTY, 

Aet  defining  the  boundary  of, 5 

HEIRS  OF,  FUR  THE  RELIEF  OF, 

"  "  Francis  L.  Toncary, 14 

"  •'  Benjamin  D.  Nobles,  15 

"  Miram  B.  Crawford, 23 

W.J.Mills, 20 

HEMPSTEAD  MANUFACTURING  COMPANY, 

Act  of  incorporation 23 

HUNTSVILLE,  TOWN  OF, 

Act  to  prohibit  sale  of  intoxicating  liquors  therein,. 31 

I 

INCORPORATIONS, 

Bastrop  Iron  Manufacturing  Company 27 

Brazos  Manufacturing  Company 23 

Chappell  Hill  Manufacturing  Company 26 

Comal  Oil  Company 20 

East  Texas  Manufacturing  Company 20 

Gathings  Male  and  Female  College '0' 

Hempstead  Manufacturing  Company 23 

Parsons  Female  Seminary 15 

Port  Sullivan  Male  and  Female  College 2i 

Paluxy   and  Brazos   Sulphur,   Nitre  and  Powder   Manufacturing 

Company 21 

Rusk  County  Iron  Company 16 

San  Saba  Masonic  College 14 

Seguin  Mutual  Aid  Society 17 

Sulphur  Fork  Iron  Company 4 

Trinity  Manufacturing  and  Flouring  Company 31 

Waco  Manufacturing  Company G 

Washington  Iron  Manufacturing  Company 29 

INCORPORATED  TOWNS, 

Galveston  City,  re-incorporated 7 


43 

INDIANS,  tagb. 

Act  defining  the  duties  of  the  agent  of  the  Alabama,  Coshatta  and 

Muscogee  Indians 5 

Act  for  the  relief  of  Tonkaway  Indians 24 

L 

LIVE  OAK  COUNTY, 

Act  defining  the  boundary  of 5 

LIMESTONE  COUNTY,  ' 

Act  defiuiug  the  boundary  of 18 

M 

MARION  COUNTY, 

Act  defining  tho  boundary  of •> 

MILITARY  BOARD,  . 

Joint  Resolution  authorizing  the  payment  of  Confederate  Tax  levied 

on  Whitescarvcr,  Campbell  &  Co 35 

Joint  Resolution  authorizing  cancel  of  contract  made  with  Short. 

Biscoe  &  Co.,  for  manufacture  of  Arms 35 

Joiut  Resolution  authorizing  cancel  of  contract  nude  with  BillupS  Sc 

Hassell  for  arms 35 

Joint  Resolution  authorizing  the  manufacture  of  Salt  and  making 

appropriation  therefor 3-t 

Joint  Resolution  authorizing  the  sale  of  percussion  caps  to  members 

and  officers  of  the  Senate  and  House  of  Representatives 

MILLS,  W.  J., 

Heirs  of,  for  the  relief  of 29 

JfoMULLBN  COUNTY, 

Act  defining  boundary  of 5 

Act  organizing  and  attaching  to  14th  Judicial  District 19 

MOODY,  AYRES, 

Act  for  the  relief  of 34 

N 

NOBLES.  BENJAMIN  D., 

Heirs  and  assigns  of,  for  relief  of 15 

P 
PRICE,  ROBERT, 

Act  for  the  relief  of 4 

PARSONS  FEMALE  SEMINARY, 

Act  of  incorporation 15 

PAYNE  &  CO., 

Joint  Resolution  in  relation  to  purchase  of  beeves  by 37 

TORT  SULLIVAN  MALE  AND  FEMALE  COLLEGE, 

Act  of  incorporation 25 

P A T.UXY& BRAZOS  SULP'R,  NITRE, POWDER  MANUFACTURING  CO., 

Act  of  incorporation 21 

Q 

QUARLES,  CARRO  M., 

Act  releaving  him  of  the  disability  of  minority 3 

R 

REILEY'S  REGIMENT, 

Joint  Resolution  for  the  relief  of 33 

ROUND  ROCK,  TOWN  OF, 

Act  prohibiting  the  sale  of  intoxicating  liquors  therein 33 

RUSK  COUNTY  IRON  COMPANY, 

Act  of  incorporation 16 

s 

SAN  SABA  MASONIC  COLLEGE, 

Act  of  incorporation 14 

Act  to  prohibit  the  sale  of  intoxicating  liquors  within  five  miles....     33 


44 

SEGUIN  MUTUAL  AID  ASSOCIATION,  page. 

Act  of  incorporation 17 

SHORT,  BISCOE  &  CO., 

Joint  Resolution  authorizing  Military  Board  to  cancel  contract  for 

arms 35 

STATE  TROOPS, 

Act  for  the  relief  of  Capt.  Bound's  company 6 

SULPHUR  FORK  IRON  COMPANY, 

Act  of  incorporation 4 

C  AT  fp 

Joint  Resolution  authorizing  the  Military  Board  to  manufacture  salt 

and  making  appropriation  therefor 38 

T 

TEXAS  IRON  WORKS, 

Joint  Resolution  requesting  the  detail  of  certain  persons,  for  manu- 
facturing purposes 3fr 

TONKAWAY  INDIANS, 

Act  for  the  relief  of 24 

TRINITY  MANUFACTURING  &  FLOURING  ^COMPANY, 

Act  of  incorporation 31 

V 

VAUGHAN,  A.  J., 

Act  for  the  relief  of 3 

w 

WACO  MANUFACTURING  COMPANY, 

Act  of  incorporation 6 

WALLIS,  JOSEPH, 

Act  to  validate  his  official  acts  as  Notary  Public 16 

WALKER  COUNTY, 

Joint  Resolution  in  relation  to  the  name  thereof 39 

WARD  &  WATTS, 

Joint  Resolution  requesting  the  detail  of  men  for  manufacturing 

purposes 37 

WASHINGTON  IRON  MANUFACTURING  COMPANY, 

Act  of  incorporation 29 

WATSON,  CAREY, 

Act  for  relief  of,  and  assigns 18 

WHITESCARVER,  CAMPBELL  &  CO., 

Joint  Resolution  authorizing  State  to  pay  Confederate  Tax  levied  on 

them 3j 


HUusUUfu 


